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MPHIL IN ETHNIC AND RACIAL STUDIES DEPARTMENT OF SOCIOLOGY - TRINITY COLLEGE DUBLIN

RACISM AND IMMIGRATION IN IRELAND: A COMPARATIVE ANALYSIS

Marshall Tracy

Preface by John A. Jackson, Professor Emeritus, Department of Sociology, University of Dublin, Trinity College

Dublin, 2000


PREFACE

This is a most timely analysis of the complexities of Irish policy in relation to immigration. The long history of emigration out of Ireland has tended to take attention away from the steady and constant pattern of settlement by foreigners on Irish soil – a pattern as old as Ireland itself. Nationalism and the development of the independent state with its emphasis on Ireland for the Irish created a myth of a pure Irish people unsullied by foreign blow-ins, dropins and conquerors. Consequently the country has been ill prepared for the growth in numbers of refugees and asylum seekers who have come to Ireland in recent years. The state has also been deficient in its preparation of appropriate legislation and regulations to deal adequately with the complex of issues involved with immigration. Part of the problem has been lack of information and Marshall Tracy shows the weakness of the statistical data available and the failure to use it to put the present ‘refugee’ crisis in proportion. In answer to his own rhetorical question, he finds Irish immigration policy to be discriminatory and having strong strands of racism. Its roots lie in legislation produced in Britain at the end of the last century in face of the influx of European Jews, and it has not been much modified since then. Although his survey of legislation is very adequate, the strength of this text for me lies in the very elegant WHISC model of the quintessential Irish stereotype. Sean Citizen turns out to be WHITE, HETEROSEXUAL, IRISH-BORN, SETTLED and CATHOLIC. These characteristics amount to the core values of the sense of belonging rightly to Ireland and Irishness. His WHISC is modelled on the extremely useful defining stereotype for the USA of the WASP (WHITE, ANGLO-SAXON, PROTESTANT) which helped to distinguish the dominant ethnic group from divergent immigrant and, indeed, native groups. Such prototypical designations, even though they represent extreme characteristics, serve as valuable tools for analysis. They also raise important questions regarding the components of the dominant hegemonic culture to which the immigrant is exposed as the ‘other’ failing in significant ways to conform to the prescribed type. This is a very important analysis triggered in part by Marshall’s own experience as an immigrant to the land of his roots which elegantly and calmly sets out both the contradictions and the confusions in recent developments of policy. The xenophobia and potential for racism that he exposes should cause concern and may illustrate another component in the hollow shell of complacency that has sheltered modern Irish society from some of its harsher realities. John A. Jackson Professor Emeritus, Department of Sociology University of Dublin, Trinity College


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TABLE OF CONTENTS INTRODUCTION ............................................................................................................................................ 2 CHAPTER 1 METHODOLOGY AND DEFFINITIONS ...................................................................................................3 INTRODUCTION ....................................................................................................................................... 3 METHODOLOGY ...................................................................................................................................... 3 DEFINITIONS............................................................................................................................................. 7 SUMMARY .................................................................................................................................................. 8 CHAPTER 2 IMMIGRATION POLICY AND RACISM ...................................................................................................9 A TOPOLOGY OF IMMIGRATION POLICY ....................................................................................... 9 IMMIGRATION: THE OPEN DOOR / CLOSED DOOR DEBATE ................................................... 10 IMMIGRATION AND RACISM: A NORMATIVE MODEL .............................................................. 11 SUMMARY ................................................................................................................................................ 14 CHAPTER 3 AN IRISH NATIONAL IDENITY: THE WHISC ..................................................................................... 15 INTRODUCTION ..................................................................................................................................... 15 THE WASP AND THE WHISC ............................................................................................................... 16 WHITE: THE RACIALISATION OF IRISHNESS ............................................................................... 17 HETEROSEXUAL: GENDERED IDENTITIES ................................................................................... 18 IRISH: THE NECESSITY FOR DE-ANGLICIZING IRELAND ........................................................ 19 SETTLED: LAND OWNERSHIP AND SOCIAL SYSTEMS .............................................................. 20 CATHOLIC: THE CHURCH ................................................................................................................. 21 SUMMARY ................................................................................................................................................ 22 CHAPTER 4 IMMIGRATION POLICY AND IMMIGRATIONS 1935 TO 1996 ......................................................... 23 INTRODUCTION: THE BIRTH OF IRISH IMMIGRATION POLICY ............................................ 23 1935 TO 1956: IRRITANTS TO THE BODY POILITIC ...................................................................... 24 1956 TO 1990: THE ROLE OF THE UN ................................................................................................ 26 1990 TO 1996: THE EU TRIAD OF CONTROL .................................................................................... 31 SUMMARY ................................................................................................................................................ 36 CHAPTER 5 IMMIGRATION POLICY AND THE DISCOURSES OF IMMIGRATION ......................................... 37 INTRODUCTION .......................................................................................................................................... 37 THE DISCOURSE OF IMMIGRATION, REFUGE AND ASYLUM .................................................. 37 THE STATISTICAL DISCOURSE ......................................................................................................... 42 SUMMARY ................................................................................................................................................ 47 CHAPTER 6 NORMATIVE MODEL RE-EXAMINED ................................................................................................... 48 INTRODUCTION ..................................................................................................................................... 48 DISCRETIONARY POWERS AND REFUGEE / ASYLUM POLICY................................................ 49 VISA POLICIES, NATURALISATION AND UNDOCUMENTED IMMIGRATION ...................... 49 CONCLUSION ............................................................................................................................................... 51 POST SCRIPT ................................................................................................................................................ 52 REFERENCES .............................................................................................................................................. 54


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INTRODUCTION I knew things had changed in Ireland when I arrived in

come from. Is this racist? I think by most standards it

September to begin my course of study. The

is.

immigration officer asked to see some verification that

The fundamental question is how do you tell

I was attending an Irish University. I explained that

if a policy is racist. In discussing this with Professor

this paper work was in my checked bags. After a ten

John Jackson he jokingly commented, ‘that’s simple

minute conversation at 5 am with fatigue getting the

they all are. Immigration policies exist to include and

better of me, I told the immigration officer, ‘It doesn’t really make any difference. With an American passport I can enter this country and stay for up to 90 days.’His response was a curt, ‘not if I say you can’t’. Eventually my passport was stamped allowing me to

exclude’. He later qualified this by stating that a racist policy might be one in which there was an inherent sense of superiority constructed by the society in the policy. I spent two months thinking about this trying

enter the country for two weeks by the end of which I had to register with the Gardai as an alien. For the past year I have lived as alien number 106020. If I had not been to Ireland before, I would have thought that this was the natural way immigration control works.

to reconcile racism and immigration policy. I finally came to the conclusion that although immigration policy is exclusionary and does have the propensity to be racist, it does not necessarily have to be so. I took

However, I had studied in Ireland in 1995, and never

the time to examine different immigration policies in

had a problem.

Perhaps more importantly I was

order to learn where Irish policy was located and out of

singled out, since mine was the only blue passport in a

this has come a set of sub-policies which I will

sea of ox blood. I was the only non-EU national on the

examine to determine if there is racism in immigration

flight.

policy. This scene is probably played out several

I thought that this would be a straightforward

times each day at ports of entry in Ireland. However,

task, and that this work, like many others which

this time it was different: this time I was in question.

examine immigration, would rely heavily on statistical

As my studies progressed I began to give more thought

information. This was not to be the case, since Ireland

to the topic of immigration and racism. I admit that my

lacks statistics which are readily available in many

interest in this topic is partially driven by personal

other countries. I have attempted to compile my own

experience. Imagine this scene played out again with a

statistics,

different protagonist. If I were a black person from a

Department of Justice. However, I have not received a

third world country who did not speak English, instead

response to my written requests. The result is that this

of a seemingly white American (my mother is

work has become an odyssey. It has taken me down

Hispanic), perhaps things would have been different.

roads I never thought of in the attempt to answer what

Perhaps I would have been kept in a detention area

seemed at first to be a very simple research question.

until the next flight back to whichever country I had

Could Irish immigration policy be considered racist?

by

requesting

information

from

the


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CHAPTER 1 METHODOLOGY AND DEFFINITIONS INTRODUCTION I shall begin by discussing the methodology used in this study: case-orientated cross-national comparative analysis. Then I shall examine the key concepts and terminology in order to understand what exactly is meant by each of the terms commonly used in this comparative study. These terms are immigrant, immigration policy, and racism.

The comparativist approach has many advantages. There is a conscious decision on the part of comparativists to use macro-social units. This has a twofold effect. Primarily, it allows the researcher, to ‘treat nations as components of large international systems’ (Øyen, 1990: 6). In effect is makes the states units that act and are acted upon by outside forces. As

METHODOLOGY

a result nations are not static. The researcher is able to

For most sociologists ‘the very nature of sociological

locate endogenous and exogenous causes (Øyen,

research is comparative, and thinking in comparative

1990:6).

terms is inherent in sociology’ (Øyen, 1990: 3-4).

comparative illustration (Smelser, 1976) approach uses

Sociologists tend to locate phenomena in relation to

cross-national comparison to locate social processes in

other societies or between majority and minority

the country of study. Moreover, the comparisons are

groups in a single society. Actually, no social

used to illustrate the location of a particular system so

phenomenon can be isolated and studied without

that it may be viewed historically and contextually in

comparing it to other social phenomena. Sociologists

its entirety (Ragin, 1987: 50-52).

The

case-orientated,

or

systematic

engage actively in the process of comparative work

In this case Ireland is compared with several

whenever concepts are chosen, operationalised, or

other Western countries. I will primarily compare

fitted into theoretical structures (Øyen, 1990: 4)

Ireland to the UK, Germany, and France, but I will also

As this particular work revolves around

make references to the USA, Canada, Australia, New

questions of racism and immigration I have chosen to

Zealand, Belgium, the Netherlands, Spain, and Japan. I

adopt a case-orientated cross-national comparative

will employ a cross-national methodology with the

method (see Rangin, 1987) to illuminate the position

caveat that comparisons to other nations illuminate

and possibilities in Irish policy. The case-orientated

Irish policy rather than explicate processes in the other

approach is a recent addition to the comparative

states of comparison as suggested by the case-

method. As Øyen states:

orientated approach.

One of the gains of the matrix is the addition of the single-country study the assumed uninteresting case for cross-national research – and the demonstration of its usefulness when the emphasis is on explanatory statements based on characteristics of the country… (1990: 6)

Comparative studies are problematic for several reasons, namely that ‘[A]ll the eternal and unsolved problems inherent in sociological research are unfolded when engaging in cross-national studies’ (Øyen,1990: 1). Furthermore there are problems of comparability of statistical data, definitions of research


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parameters, and equivalence of concepts (Hantrias and

Epistemologically this is the major problem

Manger, 1996: 5). I shall address each of these in turn.

not only in cross-national studies but also in quantitative research. Often researchers do not

COMPARABILITY OF STATISCAL DATA The

problem

magnification

of of

statistical

comparability

quantitative

problematise the statistics being used or the method of is

a

methodological

collection. There are also institutional and conceptual issues.

problems:

At an institutional level ‘the secondary

Quantitative analysis has mainly been used by social scientists. Its strength lies in the ability to aggregate information on a large number of different units for macrostudies. Its weakness arises from the fact that many research objectives can only be managed in a limited way at best. These limitations principally derive from the failure to locate information with in its context and form correlation’s which remain unexplained if they cannot be linked to an empirical basis and interpreted in a qualitative way. (Bendikat, 1996:131)

analyst wishing to work on another country’s data may have difficulty in getting hold of documentation’ (Glover, 1996: 31). Conceptually, there is a problem for non-national researchers, Glover contends, this is ‘…mainly because of the difficulty for the nonnational researcher of grasping the set of circumstances and ideologies within which the data were produced ‘ (Glover, 1996: 32). I would argue that being a nonnational is a strength as it allows me to ‘make everything strange’ in a very real way and may add insights that a national takes for granted. These

conceptual,

institutional,

and

The problems of quantitative method in cross-

epistemological concerns are further magnified by the

national studies arise from the nature of the statistics

choice between harmonised and non-harmonised data

being compared. This work will employ secondary

sets. Harmonised data sets are produced by Eurostat

statistical analysis. There is a methodological issue of

and are a good basis for comparative study.

comparative

harmonised

and

non-harmonised

statistics. There are technical, institutional, and epistemological considerations in secondary statistical analysis. Closer scrutiny suggests, however, that statistical products are dependent on the history, culture, and administrative structures specific to each country and are far from being identical, despite the costly efforts made by statisticians to harmonise methods, questionnaires and nomenclatures. (Desosieres, 1996: 17) Thus, the question asked, and the resulting variables are likely to be related to specific, historically located, conceptions of what is politically feasible and acceptable. (Glover, 1996:30)

The

problem with these statistics is that ‘[t]he detail of national classification is invisible’ (Glover, 1996: 34). As a result, the institutional and conceptual problems are no longer at issue. What is at issue are epistemological concerns, or the inability to locate them. Using non-harmonised statistics there is a different set of problems: In some cases, national records may be non-existent or may not go back very far. For some topics, information may have been routinely collected in tailormade surveys in a number of the participating countries, where as in others information may be more limited because the topic has attracted less attention among policy-makers (Hantrias and Magen, 1996: 8)


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There may also be a problem of the nonexistence of statistics. The solution to this problem is

If both qualitative and quantitative methods are problematic what is the answer methodologically?

to use harmonised and non-harmonised data sets

In this case the solution is a mixed approach.

whenever possible and compile data from them to give

‘The

a richer picture of processes of migrations. Secondly,

fragmented, but it combines the advantages and

we turn to qualitative methodology, because ‘national

disadvantages of both methodological approaches

data

particular

while restricting the number of research units’

epistemological context’ (Glover, 1996:36), to address

(Bendikat, 1996: 131). In effect, one cancels many of

epistemological, conceptual, and institutional concerns.

the methodological problems of the other. A mixed

sets

are

produced

within

In contrast to quantitative empirical macro-studies, qualitative research often produces unexpected results. It offers the advantage of correlating theoretical assumptions and empirical material in a tighter way than can be done when using standardised statistical methods… In order to make a valid inference, however, this approach has to be more open to methodological challenges than it has been in the past. (Bendikat, 1996: 131)

mixed

method

uses

approach

is

qualitative

more

pluralistic

sources

to

and

address

epistemological issues in quantitative secondary data analysis, while the

quantitative

method

allows

generalisations from the qualitative method to be used comparatively at the macro-level.

DEFINITION OF THE RESEARCH PARAMETERS AND EQUIVALENCE OF CONCEPTS The most common way to address problems of

One such challenge is the ability to generalise at an international level findings made at the national or local levels. Furthermore, due to translation the underlying cultural context may be lost (Ungerson, 1996: 64-65). The alternative is to resort to

Common sources for documentary analysis newspapers,

to create topologies and normative models. However, topologies and normative models, whether they be descriptive or evaluative, tend to be static and reductionist (Hantrias and Magen, 1996: 9-10). Since

documentary sources.

include

research parameters and the equivalence of concepts is

minutes

of

proceeding

of

there are no existing topologies or models for my area of research I have had to create my own.

government bodies (Bendikat, 1996: 135), speeches,

If we accept the argument that: ‘the great

and press releases. These, however, are not without

advantage of cross-national comparisons is that, at

their associated drawbacks. Newspaper research,

their best, they force researchers to look at a total

although a rich source, is very time consuming.

context and enable them to discover the greatest

Debates

number

of

Government

proceedings

can

be

of

factors

that

are

interactive

and

illuminating. However, ‘with the current upsurge of

interdependent’ (Hantrias and Magen, 1996: 3), then

modern mass media and the popularisation of the

the topology I have created for immigration policy

argument style, discussions have become more vague

meets this criteria.

and phrasal’ (Bendikat, 1996: 135). Press releases and

components but also outside factors such as NGOs and

speeches are often more personalised, but, like

regional/supra-national organisations. However, one

petitions they can be ‘highly tendentious or one-sided’

must keep in mind that:

(Bendikat, 1996: 135).

It includes not only national


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Then there are the inter-related criticisms

Normative analysis in comparative social policy serves two main purposes. The first is descriptive; it is used to identify similarities and differences between countries or systems… The second purpose is evaluative, normative analysis is used to say which policies are relatively good, and which are relatively bad by some criterion. (Spicker, 1996: 66)

that the specificity of countries are not taken into account (Spicker, 71), and the categories are static while policy-making is dynamic. My model takes into account inter-dependencies of policy considerations realising that the ‘inter-relationship between issues are crucial to understanding a system’ (Spicker: 73). In this way it is not static. Moreover, by constructing the model using subsystems, there is a clear understanding

Moreover, ‘The main purpose of describing systems is to classify the constituent parts in terms

of the specificities of the country and, as such, the policy.

which facilitate subsequent analysis’ (Spicker, 1996: 67). By adopting normative models or topologies in order to reconcile methodological concerns of crossnational studies in relation to concepts and parameters, we

take

on

the

associated

advantages

disadvantages of normative models. Often

and

descriptive

and evaluative processes are at odds. In relation to this Spicker (1996) outlines several problems which cover both evaluative and descriptive processes. I shall deal with each of these in turn and include the solutions.

A further criticism of normative models is they are often too elaborate (Spicker, 71-72). They are often composites in which one part applies while another part of the model may not. Conveniently, as regards immigration policy, the absence of policy or a subset of policy is policy. More succinctly, non-policy is a policy in its own right (see Hammar, 1985 and Cornelius, et. al., 1994). Another

definition for the purpose of being adequately descriptive (Spicker, 1996: 71) and too broad for the purpose of evaluation (ibid.: 72). Models generally refer to overall systems. When the focus shifts to subsystems, the normative classifications are much less

creating a model out of the individual sub-systems involved in immigration policy. This also allows for easier operation of the main units of analysis. Furthermore, I have been as specific as possible in my reductionist,

by

including temporal and numerical references in the model.

‘normative

72) This type of policy is not linked to the approach to policy, and , as such, the model becomes less dynamic in terms of description and evaluation. In attempting to describe and evaluate racism in immigration policy, the type of policy is directly linked to the approach to policy as constructed in my normative model. Finally,

helpful (Spicker, 1996: 72). I have addressed this by

becoming

that

differences in the approach to policy’ (Spicker, 1996:

Normative models are considered too vague in

without

is

distinctions are not necessarily identified with clear

NORMATIVE MODELS

definitions,

problem

‘[E]ven

within

ideological

classifications, there are often further shades of opinion’ (Spicker, 71). My topic is especially sensitive to this.

Racism is a hotly contested and debatable

subject. I have chosen to use Robert Miles’ definition of institutional racism, as I feel it best suits the topic and methodology. However, the use of a normative model almost dictates the use of a more universalist definition of racisms.


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DEFINITIONS

(b) guarantees of ‘permanent status’; legal security versus vulnerability to arbitrary expulsion. Immigrant policy comprises: (a) indirect: immigrants’ inclusion in the general allocation of benefits; ‘equal’ versus ‘discriminatory’ distribution (b) direct: special measures on behalf of immigrants; ‘affirmative action’ and the removal of legal discrimination. (Hammar, 1985: 9-10)

Immigrant: Defining

an

immigrant

would

seem

relatively

straightforward. However, in the academic sense there are several hairs to be split which directly affect who is considered an immigrant and who is not.

The

definition in this paper will follow closely what Tomas Hammar (1985) has suggested is a workable definition. An ‘‘immigrant’ is a person who migrates to a country and then actually resides there longer than a short period of time, i.e. for more than three months’ (Hammar, 1985: 11).

Immigration policy, according to Hammar, are the controls the state implements regarding entry once one has entered the availability or possibility of naturalisation of some kind whereas immigrant policy

This definition encompasses a wide range of groups and sub-groups, including: refugees and asylum-seekers; ‘guestworkers’ or others working in a country for an extended period of time regardless of legal status; holders of residence visas; and others who have overstayed tourist or work visas for whatever reason. This definition excludes people who enter a state to visit friends or relatives for a short period of time; tourists who leave the country within the

refers to the policies adopted towards immigrants in relation to the civic sphere, voting rights, and the social sphere, i.e. access to government health care and other social

services.

Or

perhaps

more

concisely

‘immigration regulation is the control that a sovereign state exercises over the entry of foreign citizens and their access to residence and employment’ (Hammar, 1985: 249).

expiration of their visa; and others who reside in a

In this paper I intend to examine immigration

country for a short amount of time, i.e. performers in a

policy and not immigrant policy. I will not be

show or people on business trips.

addressing issues concerning citizenship rights, access to social services, or equal treatment in a societal

Immigration policy:

context. Instead I will focus on the actual policies

Turning my attention to immigration policy, I intend

which allow people to enter and reside in a state up to

to make a very important distinction that directly

and including naturalisation.

affects this study. There is a difference between immigration

policy

and

immigrant

policy.

Racism:

Immigration policy as I use it in this paper is what

Racism as a concept has drawn much academic

Hammar would refer to as ‘immigration regulation and

attention over several decades.

aliens control’.

theories of racism (Rex, 1983; Malik, 1996; Gilroy,

There are several

1987; Miles, 1989) . To enter into an extended debate Immigration policy comprises: (a) ‘strict’ or ‘liberal’ control of the admission and residence of foreign citizens

of this issue in this paper, although it engages the concept, is beyond my scope. The definition of racism


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I have adopted is Robert Miles’s definition of institutional racism: The concept of institutional racism therefore refers to circumstances where racism is embodied in exclusionary practices or in a formally nonracialised discourse. But in both cases it is necessary to demonstrate the determinate influence of racism. (Miles, 1989: 87)

beneficial presence, as populations possessing characteristics which are likely to make a positive contribution to the nation. (Miles, 1993: 139) SUMMARY I have adopted a case-orientated cross-national comparative approach as it allows me to locate and illuminate Irish immigration policy and its relation to a large global system. Furthermore, I am able to

Since exclusion is the sole purpose of immigration policy, one needs to ask whether

contextually and historically explain and describe Irish policy making the analysis richer by giving a fuller

immigration policy is inherently racist. If we view

understanding of the process concerned. The adoption

immigration policy on an individualistic basis, which

of a topology and normative model furthers this

in theory if not in practice it is, then the answer is, no,

understanding while the mixed method allows me to

immigration policy is not inherently racist. However,

use qualitative and qualitative sources to describe and

when a policy ceases to be individualistic and begins to

explain Irish policy in relation to racism.

systematically exclude groups, then a policy is racist. Similarly ‘formally non-racialised discourses’ are inherent to immigration, since all migrations, large and small, have a racialised discourse surrounding them.

Does this mean that immigration policy is

inherently racist? The short answer is no. As Miles later wrote: (However), not all migrant populations have been racialised in an exclusively negative manner. Racialised discourses can attribute negative and/or give positive attributes. Potentially, migrant populations can be racialised in such a way that they are evaluated as a

Although immigration policy is not inherently racist, the propensity exists for institutional racism in immigration policy. Miles’s argument allows me to take a more universalist approach to racisms without the constraints of a black/white dichotomy or without reifying ‘race’ as a concept.

Moreover, Miles has

tested his theory in relation to migration, and, as such, it is a perfect fit for the topic at hand.


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CHAPTER 2 IMMIGRATION POLICY AND RACISM A TOPOLOGY OF IMMIGRATION POLICY

specialty visas, statistics, and the ability to control

In order to examine immigration policy I first had to

undocumented immigration. Immigration laws include

decide what it encompassed. I argue that a number of

all laws that pertain directly to immigration, separate

interrelated areas need to be taken into account.

from naturalisation law, which may be codified in the

Immigration policy is produced by three separate

constitution and/or a separate law. Tourist, work and

spheres of influence (see Fig. 2.1), state policies and

specialty visas are a separate category as they relate to

laws, Non-Governmental Organisations (NGOs), and

other areas of state influence. Many times visas are

supranational/ regional agreements and laws. I will

tied to other legislation and must be dealt with

explain each of these in turn.

separately. It may seem odd that statistics are classified as part of a government’s immigration policy.

Figure 2.1. A Topology of Immigration Policy

However, I argue that statistics are a major factor in the creation of government policy.

How these

statistics are created and presented to the public and government officials directly affects government

Government Policies

policy, and, as such, the creation of statistics must be

N G O s

included in a review of immigration policy. Supranational and regional agreements or

Immigration Laws: Discretion Naturalization Tourist visa Work Visa Statistics Refugee / Asylum Policy Ability to control undocumented immigration

laws affect state policy. These are agreements which are made with a regional power such as the EU, on a global scale the UN, possibly on a bi or multilateral basis. For example, although it is not mandatory, all signatories to the 1951 UN convention are expected to

Supranational/Regional agreements

grant refuge or asylum to those to whom it applies (see Goodwin-Gill, et. al., 1985). As a result many countries have developed internal policies which deal

Supranational agreements: Signatory to UN Conventions Regional Agreements Bilateral Multilateral

directly with refuge and asylum. Regional agreements, such as freedom of movement in the EU, affect government policies on many levels, mainly residence

Government policies include areas of state control in relation to immigration.

These are:

immigration laws, acts of a parliament or other law making body, naturalisation law, tourist, work,

and work. Multilateral or by-lateral agreements would include the common travel area between the UK and the Republic of Ireland (Jackson, 1963), or the agreements between Germany/ Poland and Germany/ Hungary which restrict refugees from entering


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Germany from these countries in exchange for financial assistance (Weiner, 1999: 23).

The real world consists of Sovereign states which are political communities and these political

NGOs also form part of immigration policy as

communities have boundaries. This would not be the

their presence or absence can affect state policy. More

case if there were a global state where boundaries

fundamentally NGOs reside in the private sphere. If a

would be non-existent or if there were no states at all

well organized NGO structure is in place in a state, it

(Walzer, 1983: 34). Since this is not the case,

may have enough influence to intervene in specific

communities have the right to exclude or include

immigration cases. Furthermore, NGOs often act as

whomever they choose.

lobbying bodies to secure reforms in immigration law. Many NGOs cross national boundaries and lobby at the national and supranational levels. The absence of an active, well organised group of NGOs, does not allow for this process to occur and in their absence there is, in effect, no check on immigration policies. IMMIGRATION:

THE OPEN DOOR / CLOSED

…states are simply free to take in strangers (or not) - much as they feel free, leaving aside the claims of the needy, to share their wealth with foreign friends…and to enter into collective security arrangements with foreign states… Admission and exclusion are at the core of communal independence. They suggest the deepest meaning of self determination. (Walzer, 1983: 61-62) In Walzer’s communitarian argument the state

DOOR DEBATE

functions like a ‘club’ free to choose whom it includes The debate over ‘open’ or ‘closed’ immigration policy, or what is also referred to as ‘admissionist’ vs.

or excludes. A caveat to this are ‘the claims of the needy’, i.e. stateless persons or refugees, toward which

‘restrictionist’ policies (Cornelius, et. al., 1994) has

the state acts like a ‘family’. This is based on the idea

raged for millennia. This debate is part of a larger

of mutual aid, ‘the good Samaritan’, which also guides

debate on citizenship stemming from the classical

states in the liberal tradition. However, this does not

philosophers, Aristotle and Socrates, and in the liberal

mean open borders for refugees and asylum-seekers.

tradition, Locke and Hobbes.

As Walzer argues;

It is in the liberal

tradition that the most helpful debate is located. Primarily, because the country under study and the countries of comparison are democracies in the liberal tradition. I have chosen two theorists to examine. Joseph Carens (1987) argues for an open admission policy, while Michael Walzer (1983) argues that a state, or community, has the right to restrict immigration and ‘choose’ who will be included or excluded. However, there are also arguments for closed-door policies made by Rawlsian and Nozikean theories. I have chosen Walzer as he incorporates elements of Rawlsian and Nozikean theories.

We seem bound to grant asylum for two reasons: because its denial would require us to use force against helpless and desperate people, and because the numbers likely to be involved, except in unusual cases, are small and the people easily absorbed… but the right to restrain the flow remains a feature of communal self-determination. The principle of mutual aid can only modify and not transform admissions policies rooted in a particular community’s understanding of itself. (1983: 51) Hence, although the principle of mutual aid is morally binding, a state is able to choose who it will and will not include, as there are limits to a ‘community’s collective liability’ (Walzer, 1983: 51). At its most


11

basic level, Walzer’s argument is: ‘…we who are

the extent necessary to preserve public order’ (Carens,

already members do the choosing, in accordance with

1987: 259). The logical conclusion for Carens is ‘[A]

our own understanding of what membership means in

need for some restrictions would not justify any level

our community and what sort of community we want

of restrictions what so ever’ (1987:259). He argues

to have’ (Walzer, 1983 : 32).

that the only threat to public order would be from door

citizens, not from immigrants. Because the ideal of

immigration policies not only against Walzer's

public order assumes all citizens act in a just manner,

communitarian argument, but those of Rawlsian, and

there is no threat to public order (Carens, 1987: 259).

Joseph

Carens

Nozikean theorists.

argues

for

open

Carens argues ‘…there is little

Arguments based on communal rights such as

justification for restricting immigration’ (1987: 252)

Walzer are also unacceptable to Carens. ‘Us’ vs ‘them’

no matter which argument is given. At the broadest

arguments based on ‘our’ common culture are lacking

level this is based on ‘…our [Liberalism’s] deep

in so far as ‘…we cannot dismiss the aliens on the

commitment to respect all human beings as free and

ground that they are other, because we are products of

equal moral persons’ (1987: 251). More specifically,

liberal culture’ (Carens, 1987: 269). As such, self-

Carens argues there is no basis for exclusion based on

determination has produced societies which, in the

arguments of public order (Rawlsian), individual

liberal tradition, hold the ‘equal moral worth of

property rights (Nozikean), or communitarian rights of

individuals’ as a fundamental principle. Moreover,

self determination (Walzer).

clubs are private organisations while states are public.

Arguments for restricting immigration based

The liberal tradition guarantees equal treatment in the

on private property rights are fundamentally flawed,

public sphere. ‘So, the fact that private clubs may

since the state has the right to restrict individual

admit or exclude whomever they choose says nothing

property owners.

To do otherwise, i.e. restrict the

about the appropriate admission standards for states.

national property, threatens individual property rights

When the state acts it must treat individuals equally’

(Carens, 1987: 252):

(Carens, 1987: 268).

[p]rohibiting people from entering a territory because they did not happen to be born there or otherwise gain the credentials of citizenship is no part of any state’s legitimate mandate. The State has no right to restrict immigration. (Carens, 1987: 254)

The limited brief of this paper does not allow me to enter into an extended debate of Walzer’s theory and its criticisms. Rather, I outline his argument as one point on a spectrum. Similarly, I outline Carens’s argument to illustrate the other end of the spectrum. Moreover, I use this as a theoretical foundation for

Conversely, arguments based on public order state that ‘Liberty may be restricted for the sake of liberty’ (Carens, 1987: 259). All liberties stem from

constructing a normative model, since the restrictionist argument clearly leaves space for racism and the admissionist argument counters it.

public order. Immigrants are a threat to public order and as a consequence, to liberty. Thus, immigration should be restricted. Carens argues against this

IMMIGRATION AND RACISM: A NORMATIVE MODEL

position by addressing the fundamental position of

Immigration policies exist to include and exclude, or as

‘public order’. ‘Restrictions would be justified only to

Cyril Howard has stated in relation to a 1985 report by


12

the Commission for Racial Equality in Britain, ‘The

Remembering that racism, in Miles’s (1989) definition,

simple answer would be to say that discrimination was

is an either/or, or both classification, it allows us to

both inevitable and, ultimately, essential to any system

apply it to this liberal versus illiberal model.

of control’ (Howard, 1993: 116). While discrimination

A purely racist policy would have both

may be an integral, even essential, part of immigration

exclusionary practices and a formally non-racialised

policy, when does it cross the line and become racism?

discourse,

It could be argued that the mere fact that a policy is

immigrants. A restrictive policy would also have both,

discriminatory makes it racist. However, there is no set

but the discourse could be more xenophobic in nature.

of criteria to measure discrimination or racism in an

A moderate policy would be discriminatory with a

immigration policy. Is it possible to examine

positively racialised discourse. Similarly, a progressive

immigration policies in relation to racism?

policy would be characterised by a discriminatory

ascribing

negative

characteristics

to

can

practices without a racialised discourse. Finally, the

differentiate between policies, and it is possible to

liberal policy would not discriminate and lack a

stratify policies based on a set of criteria. This is not to

racialised discourse. As such, I argue, it is possible to

say that states fall neatly into a category. It is

substitute the word racist to the right and multi-ethnic

The

simple

Figure 2.2.

Open door or Liberal

Multi-Ethnic

answer

is

yes,

one

Immigration Policies and Racism

Progressive

Pluralist

Moderate

Restrictive

Discriminatory the

left

Xenophobic of

the

spectrum

Closed door or Illiberal

Racist

inevitable, no matter how well a normative model is

to

(See

fig.

2.2).

constructed, that some states or indeed most states will

Discriminatory could be substituted for moderate, a

fall between the line displaying characteristics of one

restrictive policy could be xenophobic, and progressive

category with many attributes of another.

could be pluralist.

In a normative model of discrimination /

The policy areas examined in relation to

racism in immigration policy it is possible to create

racism include tourist, work, and specialty visas,

many different gradations. The simplest way to

discretion in the implementation of the immigration

classify immigration policies is to use five categories.

policy, the naturalisation process, and the state’s

The extreme right would be a Closed door or Illiberal

undocumented immigration policy. These are outlined

policy based on an extreme version of Walzer’s

in figure 2.3.

argument, followed by a restrictive policy, a moderate

The liberal state is a utopian vision. It does

policy, a progressive policy, and finally a liberal or

not exist, since all states exercise some type of

open door policy on the extreme left, based in Carens’s

discrimination based on one of the policies. Likewise,

argument of liberalism. How does this relate to racism?

few if any progressive states exist. Moderate states


13

would include elements of the Canadian and Swedish

Brubaker, 1992). Jus sanguinis is citizenship by blood

systems which are very multicultural. The majority of

or descent while jus soli is a civic birth right. Jus

Western or industrialised countries could be regarded

domecili takes into account the length of residency as

as restrictive as they discriminate on the basis of

an alternative method of naturalisation while jus soli is

several different criteria. Closed door would relate to

a civic form of citizenship in the French tradition

Saudi Arabia, as it has a highly developed guest work

(Brubaker, 1992).

system and grants few if any tourist visas.

Another key policy is the state’s position on

It may appear odd that tourist visas are a

undocumented migration (see Miller, 1999). That is to

source of discrimination. However, examining the

say that a state’s ability to control, or perhaps more

tourist visa policy of a state reveals that particular

importantly

nationalities are systemically favoured while others are

undocumented migration and how it deals with

excluded. For example in most Western countries, in

undocumented immigrants, is an indicator of its

Europe and North America, tourists are allowed to

attitudes towards immigrants in general. Moreover, the

enter a state for up to 90 days without a visa. This

levels of undocumented migration are directly linked

would be an example of a moderate policy since it

to other policies such as tourist and work visa policies

excludes other third world countries which are not

and can, in fact, cause the numbers of undocumented

given the same opportunity. When discussing work

immigrants to become inflated.

its

willingness

to

actively

stop

visas (see Martin, 1999) it is necessary to make a

Finally, we must discuss the amount of

distinction between work and specialty visas, although

discretion granted to officials (see Pratt, 1999). This is

in some cases they may perform the same task, namely

difficult to do as discretionary powers are often not

filling short-term gaps in a labour market. Work visas

codified.

are much less part of a system of recruiting highly

Specialty visas most often discriminate on the basis of

When law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or unreasonableness (Anizman, 1975, cited in Pratt, 1999: 201) However, it is important to note the aspects of

education as they aim to recruit the highly skilled (see

discretionary power that are codified. An example of

skilled workers and much more aimed at providing a labour force, however skilled. A guest worker system does allow permanent settlement as the ultimate objective and is in effect purchasing human capital.

Freeman, 1999). However, there is also a more basic purpose for specialty visas i.e. granting preferential treatment to one nation or class of people over another. An example of this would be the J1 and Morrison visas

codified discretionary power would be the ability of an immigration officer to refuse entry to the state at a port of entry. Refugee and asylum policy also form part of immigration policy (see Suhrket and Zolberg, 1999).

granted to Irish nationals by the US. The policy of jus sanguine in Germany and its

There is a clear difference between refugees and

policy towards ‘ethnic Germans’ is well documented.

asylum-seekers, since refugees have been granted 1951

Naturalisation,

three

Geneva Convention status and asylum-seekers are

categories; jus soli, jus sanguinis, and jus domecili (see

applicants for that status. However, as both categories

or

citizenship,

falls

into


14

A

relate to the international sphere of influence, I shall

normative the

model

is

helpful

theoretical

debate

as

it

deal with them together. Often a state’s larger

operationalises

over

immigration policy is reflected in the microcosm of

immigration. In using subsystems of immigration

refugee/asylum policy since this is where all spheres of

policy i.e. visas, naturalisation, refugee/asylum policy,

influence interact closely.

and undocumented immigration as units of analysis we are able to operationalise the topology and normative

SUMMARY By creating a topology of immigration policy we are able to identify its constituent parts. Furthermore, we are able to expose the inter-dependencies between national and supra-national spheres as well as public (state and supra-state) and private (NGOs) spheres. Thus, the interdependencies allow us to construct a normative model.

model,

thus

making

both

more

descriptive,

explanatory, and dynamic. Before examining Irish immigration policies, we must locate Irishness theoretically, since it may be a ‘determinate influence of racism’ which is a key factor in Miles’s definition. Moreover, identity is an important element in the Walzer/Carens debate. The next chapter will focus on Irish identity – the WHISC.


15

CHAPTER 3 AN IRISH NATIONAL IDENITY: THE WHISC INTRODUCTION I take a very wide interpretation of culture. I see it as the life pattern of a community. This pattern incorporates customs, language, and behaviour. It’s a certain attitude towards life. It changes constantly. But when there is an official culture a debate occurs about what constitutes tradition. This is common in countries which were controlled by another state for a long time…What was meant by ‘Irishness’ were certain identifiable traits which were perceived as traditional. These traits could be singled out as the marks of ‘Irishness’. (Gearoid O Tuathaigh in ‘Treo?’, episode one)

For a country, or a culture, to presume homogeneity is a fallacy. In Ireland’s case this is doubly true. How can people, a territory, which has been historically invaded by Vikings, Celts, Saxons, Normans, Danes, and Anglos imagine themselves to be homogeneous? In Ireland, as in other countries, the process of nation building fostered the construction of a national ideal. The national ideal was further reinforced by different institutions in society.

The

Church was perhaps the most influential and powerful of all the institutions. As will be argued later, the Irish Catholic Church did not reside only in the religious or

My Father’s family is the stereotype of Irish-

moral spheres of Irish society, but it had a role in every

America. My grandfather was a corrupt, heavy

sphere,

drinking cop in Boston. My eldest uncle is a Priest,

codification of the national ideal in the 1937

my other uncle a retired navy pilot, and my father a

Constitution allowed the State and Judiciary to enforce

school teacher. Behind them all was my grandmother,

the ideal.

an overbearing mother who pushed all her sons into certain careers to increase family prestige. How much more Irish-American can you get? Or perhaps, how much more Irish can you get? Change the word cop to Garda and the location from Boston to any place name in Ireland, and one could easily be describing a family in Ireland. Include ties to the GAA and one could say that this was a stereotypical Irish family. Why is this

social,

economic,

and

political.

The

If it is clearly not possible to locate a singular Irish identity, what is the point in attempting? I argue that what people imagine themselves to be is sometimes as important as what they really are. That is to say, even though ‘Irishness’ is clearly not onedimensional, white, settled, catholic, nationalist, etc., what a nation tells itself it is affects how it views itself and others. Moreover, it is not my intent here to locate

so?

a singular ‘Irish’ identity but the ‘Irishness’ which is Ireland has long had an ‘official culture’. It is, in some part, written in the history, the literature, and the Constitution. Thus, we now see a constant debate in Irish society about what is or is not traditional.

This ‘official’ culture was constructed

before, during, and after emancipation and continues to

the national ideal. It is also not my intent to demonstrate the construction of the national ideal although it is a by-product of this chapter. The Irish national ideal can be summed up in five words: White, Heterosexual, Irish, Settled, Catholic (the WHISC). I

The ‘official’ culture was

argue that these are the identifiable traits of ‘Irishness’

based on a construction of Ireland as a homogeneous

which were mentioned in the opening quote. It is the

permeate Irish society.

society.


16

intent of this chapter to examine each of these traits

do not fit into the WASP ideal as they are not Anglo-

and explain why they are the national ideal.

Saxon, nor Protestant, and for a long period of time were racialised, simianized, by the English.

THE WASP AND THE WHISC

It is important to locate this ‘prototypical

I think there was always this official insistence on the idea that, you know, you kind of had to tick off on your list of qualities, you know; Catholicism - yes, nationalism - yes, GAA - yes, Irish language - yes, you know, that the more of these boxes you ticked the more Irish you were. (John Waters in ‘Treo?’, 1999, episode one)

Irishness’, the WHISC, since it has become an invisible centre in debates relating to immigration, Europeanization, refugees/asylum-seekers, and Irish Travellers.

I believe that just as the WASP ideal

functioned as not only an acronym but also an ideology for colonialism and imperialism, so too does the WHISC in the Irish context of multiethnic issues.

The construction of a ‘prototypical’ cultural

Examining the work of Michéal MacGreil

identity in Ireland was not unlike constructions of the

(1996) is useful in locating in-groups and out-groups in

prototypical American or English identity which took

Irish society. Using the Bogardus social distance scale,

the

Anglo-Saxon

MacGreil has studied Irish attitudes towards the

Protestant). In the Irish context this construction was

‘other’. This data demonstrates what is socially

exclusionary and relied on a false creation of

preferable to the Irish in terms of ‘welcoming to

homogeneity. Just as the acronym WASP has come to

kinship’ and ‘denying citizenship’. I would argue that

engender certain connotations, I shall argue that the

these statistics are indicative of what the Irish tell

WHISC should do the same.

themselves they are through their attitudes towards the

form

of

the

WASP

(White

The WASP connotes more than just White

‘other’.

Anglo-Saxon Protestant, ‘[t]he WASP was the

The

Irish

see

themselves

as

white.

prototypical American’ (Schrag, 1972: 17). This is

Identifying most closely with the English and ‘white’

perhaps an over simplification. The WASP was more

Americans, and least with ‘Africans’, ‘Asians’, and

than just the prototypical American. The WASP has

‘Black’

come to represent not only a type of person but also an

Moreover, heterosexuality is demonstrated as the norm

ideology, an ethic, and indeed a culture.

In the

as seen in the ranking of ‘gay people’ 55th out of 59

American context there was a conflation between

categories examined (ibid). The rankings demonstrate

Americaness and WASPness (ibid.: 26). While the

a conflation of ‘Irishness’ with that of Catholic

dominant WASP culture which eclipsed all others

Irishness. Catholics were ranked 1st out of 59 while

WASPness was an invisible centre. ‘A WASP. From

Irish speakers were ranked 4th (ibid). The settled

cradle to grave, from literature to politics, from the

component of WHISC identity is best seen in the

meetings of Rotarians to the reflections of statesmen,

ranking of ‘Travellers’ as 54th out of the 59 categories,

the WASP idiom permeated so much of everything

one above ‘gay people’ and one below ‘alcoholics’

that we hardly noticed it’ (ibid: 14). The WASP was,

(ibid).

Americans

(MacGreil,

1996:

64-71).

and still is, a powerful way of understanding white

The role of the Church in the WHISC identity

hegemonic discourse in America. However, the Irish

is enormous. It may seem that I am overstating the


17

country.... But to see white chimpanzees is dreadful; if they were black, one would not feel it so much, but their skins, except where tanned by exposure, are as white as ours. (Quoted in Loomba, 1997: 161)

position of the Church, but it is an omnipotent and omnipresent part of the WHISC identity. It has been said that: The role of the Church is undeniable in Irish society. An Irish person was, and is, likely to be born in a Catholic hospital, educated at Catholic schools, married in a Catholic church, have children named by a priest, be counselled by Catholic marriage advisors if the marriage runs into trouble, be dried out in Catholic clinics for the treatment of alcoholism if he or she develops a drink problem, be operated on in Catholic hospitals, and be buried by Catholic rites. This ‘cradle to grave’ attention of European social welfare system was created in Ireland by the Church. (O’Toole, 1998:67) One could argue that the WHISC or WASP does not exist, but, the same can be said about ‘race’. Race is a social construct, not an objective reality, yet racism exists. (Banton 1979, Rex 1983). I argue that the WHISC is the same. It is not an objective reality but a social construct. However, due to its reification

It was this type of stereotyping

that justified the

British colonisation of the Irish. The Irish, however, were still visibly white, and this had the effect of giving the Irish an ambiguous role in British imperialism. The Irish were subordinate to the British as an ethnicity but privileged in relation to indigenous peoples around the world. Noel Ignatiev’s How the Irish became White (1995) deals with diasporic Irishness and the fact that Irish people have ‘made it’ economically and politically as an ethnic group in the USA yet remain outside the WASP establishment. However, the Irish have constructed themselves as Western and White. There is no mistaking ‘[t]hat Irishmen and Irishwomen of all religious persuasions have cumulatively devoted far more blood and sweat to

empire

building

than

to

empire

breaking’

(Comerford, 1988: 12).

one is forced to examine it.

The ‘whitening’ of the WHISC identity did

WHITE: THE RACIALISATION OF IRISHNESS ‘The Irish are the Niggers of Europe, lads.’ (Doyle in O’Toole, 1998: 19) The racialisation of Irishness was based on the

not take place through the Diaspora alone. It was also done in Ireland most notably by the Church. ‘This is illustrated by the collections for ‘Black Babies’ which were, until recently, a ubiquitous feature of Irish

same European trend that racialised the majority world

Church

during colonisation. As the rest of the world became

forthcoming: 25). Moreover, through Irish catholic

racialised in its use of racial discourse, so did Ireland.

missionaries there was a construction of Black people

Irish people found a specific place in the British

as helpless increasing the white identification of

colonial process. (McVeigh and Lentin, forthcoming: 22)

propaganda’

(McVeigh

and

Lentin,

‘Irishness’. As Goldstone recalls: ‘[t]hose images of Blacks in Irish missionary journals play up the

Historically the Irish were simianized by the English. An English scientist maintained that the Irish post-famine jaw structure was Negroid

(Loomba,

1997: 106). Charles Kingsley wrote after his first trip to Ireland: I am haunted by the human chimpanzees I saw along that hundred miles of horrible

superiority of the white priest and their Christian beliefs and also create dis-empowered images of black people always laughing and happy’ (1999: 42). The whitening of Irishness is perhaps best understood in relation to English expansionism:


18

English nationalism relied upon cultural distinctions with demarcated Europeans from blacks or even the English from the Italian or Irish people; conversely, these cultural distinctions rationalised an aggressive nationalism that fuelled England’s overseas expansion. (Loomba, 1997: 71) In the Irish context it was not colonial ‘overseas expansion’ but catholic missionary work which aided in demarcating the Irish from the blacks. It was this ‘cultural imperialism’ through the Catholic Church that allowed the Irish to use the same process, the racialisation of the ‘other’, which had been

used

on

themselves.

The process

of

‘racialisation’ is in effect a two way street. In the process of constructing the ‘other’ one is in fact constructing oneself at the same time. When the Irish were constructed by the English, the English, in turn, were constructing themselves. The same may be said for the Irish in their construction of the ‘black baby’.

distribution of contraceptives, and divorce lifted, and there has been some progress in changing the Constitutional role of women in Ireland (see Bryne and Leonard, 1997). The Irish Catholic Church participated in the gendering of the WHISC through its doctrines. The dis-enpowered Irish mothers’ only power was based in the domestic sphere. This power was sanctioned by the Church and the local priest and took the form of the mothers’ moral authority over children (Inglis, 1998: 199). The 1937 Constitution codified women as helpless individuals. As Coakley has suggested, the State viewed, and still views, women as ‘dependent mothers’ (1997: 185). The codification of gender roles in the Constitution ensured women would remain in their ‘place’ in society by limiting their actions maritally, reproductively and financially. The heavily Catholic Constitution constructed women as stay-athome mothers, daughters and wives, and the Catholic education system re-enforced this. ‘This was one of the reasons why, when the National School system was

HETEROSEXUAL:

set up, such a heavy emphasis was given to the training

GENDERD IDENTITIES

of girls to be good mothers’ (Inglis, 1998 :188). Thus

The construction of ethnicity, and, indeed the nation, is

gendered roles were evident in every sphere of life.

gendered (as argued in Yuval-Davis,1997). WHISC

This construction of Irish women as mothers was in

identity was gendered through its codification in the

direct contrast to the masculine ideal of men as bread

Constitution of the Irish State, the Catholic dominated

winners.

educational system, and by the Catholic Church itself

Nandy (1983) argues that in a colonial /

Identity was

postcolonial setting, the feminisation of the colonised

sexualised by the nationalist debate, women were

and masculinisation of the coloniser results in

constructed as mothers and men as breadwinners.

colonised males constructing and implementing strict

(Morgan and Lynch, 1996: 529-561).

The construction of the state and gender roles

gender roles in postcolonial society.

Ireland is an

is obvious in the Irish context. The Constitution

example of this process. Men were constructed as the

outlawed homosexuality, as well as abortion, sale and

breadwinners while married women were notionally

distribution of contraceptives, divorce, and constructed

removed from public service by the 1937 Constitution.

women in a domestic role. However, it must be said

From a feminist perspective this was not unlike other

that the 1990s saw the bans on homosexuality,

patriarchal

societies

in

which

women

were


19

subordinated. In this patriarchal state the family was

claim to separate nationhood, but any valued cultural possessions of the English where shown to have Gaelic their equivalent. (Kiberd, 1995: 151)

constructed as one of the most important elements of society. Repressing sexuality was another key to gendered WHISC identities. Inglis argues ‘[I]t was

There was English law and Brehon law. The

through the control of sex that the modern Irish mother

Parliament became the Dáil, the Prime Minister the

and family were first established’ (Inglis, 1998 : 188).

Taoiseach, soccer became Gaelic football, hockey

This was due to the nationalist construction of the State

became hurling (Kiberd, 1995: 151) and the list goes

and

biological

on and on. Just as it did not matter that there was not a

reproducers of the nation (Anthias and Yuval-Davis,

homogenous society, it did not matter that some Gaelic

1994: 238). As such, the type of nationalism/ national

revivalist practices, such as Gaelic football, did not

identity adopted was a desexualised Gaelic rather than

exist before they were invented (ibid). The GAA,

a sexualised Celtic identity (Bryne and Leonard, 1997:

which has been referred to as ‘the Catholic Church at

580)

play’ (O’Toole: 1998), became a particular marker of

the

construction

of

women as

the WHISC identity, underscoring the conflation of IRISH: THE NECESSITY FOR DE-ANGLICIZING

Irishness and Catholicism.

IRELAND1

The conflation of Irishness and Catholic

Irish nationalism was a cultural nationalism (Kearney,

Irishness is typified in a statement made by John

1988: 82). As mentioned above, a desexualised Gaelic

Dillion in 1890. ‘The man who is a good Catholic is a

nationalism was adopted over a more overtly

good nationalist and the best nationalists are to my

sexualised

own knowledge the best Catholics too’ (Sandulescu,

Celtic

nationalism.

However,

Irish

nationalism was also constructed as Irish being not

1988:

British. The revivalist approach to nationalism was

Catholicism, and Catholicism tied to Irishness. A

mixed with a Gaelic language revival as well as the

circular relationship is perhaps the best way to see the

institution of national parallelism and a conflation of

intersection of these three social factors.

cause

led

nationalism

was

tied

to

exclusionary rather than inclusionary and is what

the construction of the WHISC identity. revivalist

Hence,

This type of ethnic identity / nationalism is

Irishness and Catholic Irishness which directly affected

The

134).

to

what

is

Pieterse

would

classify

as

‘ethnocracy’.

‘The

appropriately called National parallelism (attributed to

ethnicisation of the state is a familiar process in many

Sean Freine in Kiberd, 1995: 151 ) and is the best way

countries North and South. Nationality itself is often

to describe how the Irish constructed their identity.

defined in terms of the majority ethnicity’ (1997: 373).

There was a dichotomous relationship between what

Pieterse draws a parallel between this type of

was Irish and what was English.

nationalism, the imagined community (Anderson,

Anything English was ipso facto not for the Irish as it might appear to weaken the

1983), and ethnic identity, in so far as ethnocracies imagine homogeneity which, in reality, does not exist. Congruent with many theories of ethnicity is

1 Taken from the speech of the same title by Douglas Hyde November, 1892

the revival of the Irish language. The Gaelic revival


20

was constructed in direct opposition to Anglicisation.

SETTLED:

Although the grand narratives of the Irish people were

SYSTEMS

written in English (e.g., Yeats and Joyce), the Irish

The settled aspect of the WHISC identity comes from

language revival was based on the definition of Irish as

endogamous boundary maintenance in Ireland. Being

not British. This was espoused by the Gaelic League

Irish means being settled and not a Traveller. Just as

and in particular Douglas Hyde;

other parts of the WHISC identity are taken as the

The basic argument of the Gaelic league...was that Ireland must cease to be a mere ‘province’ of England and become instead an Independent nation through the restoration of its ancient Gaelic traditions, and of course, its language. (Sandulescu, 1998: 80)

LAND OWNERSHIP AND SOCIAL

norm, so too is having a sedentary lifestyle (Kenny, 1994: 184-185). The WHISC does not view the Traveller as ‘Irish’. There is much debate surrounding the origins of Travellers.

Some maintain that they are one of

several distinct Celtic groups, others that they are an The Irish language revival was used as a tool

indigenous Irish pre-Celtic group, and a third theory

by the State and the people to define how Irish one

suggests that the Travellers were nomadic Celtic

was. ‘The language was used to set people apart. It

craftsmen (Ní Shuinéar, 1994: 70-71). Regardless of

implied that some people were better than others...It

Irish Traveller origin, they are an ethnic group inside

was part of cultural nationalism which was part of the

Ireland which differentiates itself from the WHISC and

revival’ (Nuala Ni Dhomhnaill, ‘Treo?’, episode 1).

vice versa.

The perception of Irish identity being tied to the Irish

It may be argued that the Irish tie to the land,

language persists today. In 1975 75% of people in

and subsequent differentiation between Traveller and

Ireland believed that language was essential to Irish

settled is due to historical circumstances (see Lee,

identity (Kiberd, 1996: 569). ‘While others simply

1989). Historically, the Irish were forced to migrate

believed that without a sound knowledge of Irish their

and were stripped of their lands. Taking their land

children

Cromwell sent the Irish to the West. In 1640 four

would

have

only

a

two-dimensional

understanding of the national culture’ (ibid:568).

fifths of the land in Ireland was owned by indigenous

The nationalist cause, as a part of the WHISC

Irish; by the time Cromwell was finished only one fifth

identity, also meant a call for the reunification of

of the land still remained in Irish hands (Sowell, 1998:

Ireland. This preoccupation with a united Ireland was the crux of modern Irish nationalism. The nationalists argued that Ireland, as a compact island with a common cultural heritage, North and South, should be one country. As Comerford has argued: [P]hysical geography provides an eloquent argument on utilitarian grounds for political unity… It is important not because it can be proved (which it cannot) but because it is entertained with intensity and tenacity by a great many people. (1988: 4)

64). This forced migration and loss of land has created a tie to the land which does not enable the Irish to comprehend how a person would not want it. Moreover, the social system in Ireland produced a greater tie to the land, since the hereditary and marital systems reinforced the importance of land ownership. If one wished to get married, one had to own land.

In addition, the land was the means of

production in an Ireland devoid of a significant industrial base. The consequences of not owning land were simple and clear, permanent celibacy or emigration. Thus, the tie to the land was enforced in


21

Irish society in its most basic structure, the institution of marriage (Inglis, 1998: 166-170), and by Irish society’s largest institution, the Catholic Church. CATHOLIC: THE CHURCH While the two national aims of reunification and the restoration of the Irish language were the official rhetoric of the state and of political discourse, the main ideology of the Irish State was Catholicism. (Kelly and Rolston, 1995: 598-599)

freedom to worship and preach. The willingness to adhere closely to the Catholic Church was located in a desire to be and be perceived as morally equal, if not superior, to the colonisers. (Inglis 1997: 98)

Arguably, the manifestations of this desire are illustrated by the over development of the Church and its institutions. The Catholic Church was given a special place in the 1937 constitution later repealed in 1972. The continued mixing of

The role of the Catholic Church in Irish society and in the formulation of the WHISC identity cannot be overstated. The Catholic Church is not confined to the religious sphere, but extends into social, political, economic, educational, and cultural spheres. In fact, the term used to describe Catholicism in Ireland is not Roman Catholic but Irish Catholic and is the largest factor in the WHISC identity.

Church and State may be seen in legislative morality and in the preamble of the Constitution: In the name of the Most Holy Trinity, from whom is all authority and to Whom, as our final end, all actions both of men and states must be referred, we the people of Eire, humbly acknowledging all our obligations to our Divine Lord, Jesus Christ, who sustained our fathers through centuries. (quoted in Inglis, 1997: 79)

Inglis argues ‘[I]t is for many reasons that being Irish and being Catholic became synonymous.’ (Inglis, 1997: 17). Fintan O’Toole has argued along the same lines, that: [T]he word ‘Irish Catholic’ does not denote merely a person of a specific faith born in a specific country. They have also come to stand for some third thing born out of the fusion of the twoa country, a culture, and a politics. Catholicism in Ireland has been a matter of public identity more than of private faith... (1998:65) To some extent the role of the church and its amalgamation with other parts of Irish society was historical.

The tentacles of the Catholic Church touched every part of Irish Society and cultural identity: Such was the dominance of the church in other social fields, besides the religious, that is was able to limit and control what people did and said when they met socially, engaged in politics and dealt in the marketplace. The Catholic Church had considerable influence in the way people viewed and understood their world and was able to set parameters for how people behave socially. (Inglis, 1997: 65) An important influence on the way people behaved was the de-emphasis of the individual in Irish

As seen through a postcolonial framework the

society. ‘An emphasis on frugal comfort and

church was a reaction to Britishness and the attempted

suppression of individual interests in favour of those of

Anglicisation of the Irish people.

church, family, community...’ (Inglis, 1997: 75) led to

The campaign led by Daniel O’Connell was for civil religious rights and freedom. It was a struggle for meaning and identity, and for the

a more group orientated identity. Hence the myth of homogeneity and the incessant ‘us/them’ discourses which typify the WHISC identity.


22

SUMMARY

WHISC. This prototypical WHISC, much like the

The argument I have presented in this chapter may

WASP in the USA, has become the ‘invisible centre’

appear brutish, but nonetheless, I argue that the ‘us’ in

in discourses of Irishness. I have chosen to locate these

the Irish context of an ‘us/them’ debate should be

characteristics and created an acronym for the most

located. The imagined homogeneity of the WHISC is

commonly recognised attributes of Irishness because

a powerful way of understanding ‘Irishness’, since it

these characteristics are taken for granted. However,

connotes not only an identity but also a cosmology, a

there is the perception in Irish society that one’s

politics, an ethic, and indeed an ideology.

‘Irishness’ is validated by the number of these ‘boxes’,

Each of the components of the WHISC

or traits that one can tick off. Thus, when ‘us/them’

identity are taken for granted in the Irish context. It is

debates occur in Irish society in relation to immigrants,

possible that some WHISCs actually do exist in

Travellers, the EU, refugees or asylum-seekers, the

Ireland. However, this is not the point, the reality is

‘us’ tends to refer to the WHISC.

that in debates the term Irish or Irishness refers to the


23

CHAPTER 4 IMMIGRATION POLICY AND IMMIGRATIONS 1935 TO 1996 INTRODUCTION: THE BIRTH OF IRISH MOJ to make regulations (otherwise known as

IMMIGRATION POLICY

‘orders’) (Sec. 11). Even though there was existing British legislation, for

The Naturalisation and Citizenship Act of

the purpose of this work, Irish immigration policy

1935 also gave an extremely wide range of powers to

began in 1935 with the passing of the Aliens Act and

the MOJ. The preamble of the Act states that it is:

the Irish Nationality and Citizenship Act. These two Acts form the basis of Irish immigration policy even in the 1990s.

The Aliens Act of 1935 delineates the

Minister of Justice’s (MOJ) powers in relation to the regulation of aliens in Ireland including access to work permits.

The Irish Nationality and Citizenship Act

establishes

the

Minister’s

powers

concerning

An act to provide for and regulate for all purposes, municipal and international, the acquisition by birth or otherwise of citizenship of Saorstat Eireann [The Irish Free State] and the forfeiture or loss of such citizenship, and to provide for diverse matters connected with the matters aforesaid (Irish Nationality and Citizenship Act 1935)

Incidentally, both of

This Act continues detailing acquisition of

these Acts were passed on the same day, April 10,

citizenship. Persons born inside of the Irish State (Sec.

1935.

2.1) and persons of Irish decent, born of an Irish father

naturalisation and citizenship.

The

Aliens

Act

of

1935

gave

vast

discretionary powers to the MOJ. It is ‘An Act to provide for the control of Aliens and for other matters Relating to Aliens’ (Preamble of the Aliens Act, 1935). Section 5.1 is a good example of the discretionary powers given to MOJ: The Minister may, if and whenever he thinks proper, do by order (in this Act referred to as an Aliens Order) all or any of the following things in respect either of all aliens or of aliens of a particular nationality or otherwise of a particular class… (Aliens Act 1935, Sec 5.1) This section continues listing several powers of the MOJ. For example, the MOJ may ‘prohibit’ all nonnationals from entering the state, have aliens deported, or even restrict where they may live. Other sections relate to deportation of aliens (Sec. 5.5 a-c); ministerial powers of exemption in the implementation of the act (Sec. 10.); and most importantly, the ability of the

(Sec. 2.2), are automatically granted Irish citizenship. The MOJ does not have much discretion in this particular area, but, the MOJ does have extensive power over naturalisation. Naturalisation is covered in Sections 3 through 18. Section 4.1 is perhaps the most important in relation to our debate. Whenever an application is duly made to the minister for a certificate of naturalisation, the Minister may, at his absolute discretion [emphasis added] but subject to the limitations imposed by this section, either(a) grant such application and issue to the applicant a certificate of naturalisation accordingly, or (b) refuse such applications. Upon further reading of this section the ‘limitations imposed’ refer to whom the MOJ cannot grant naturalisation certificates. For example Section 4.2 eliminates a person of ‘unsound mind’ or under the


24

age of twenty-one.

peace time by the Aliens Act of 1919. (Spencer, 1997: 10) Although there may have been an official

Section. 4.3 (a-d) continues to

outline to whom ‘the Minister shall not’ issue a visa. Moreover, the revocation of visas is covered in several sections. Section 10.1 states that ‘The Minister may at any time, on his own motion and at his absolute discretion, by order revoke any Certificate of Naturalisation issued under this Act.’ This power is extended to spouses and children in sections 11 (b and c) and 12 (b). The only part of the Act that favours

policy of de-anglicizing Ireland, this was certainly not the case with immigration policy, since much of the same language is used and the same attitude taken to immigration. Moreover, the British citizens were exempted from immigration control by the 1935 Aliens (Exemption) Order which established the common travel area.

the ‘alien’ is section 5.1 where it is possible to naturalise a person based on distinguished service to the state. This too is discretionary.

The common travel area between Ireland and the UK was and still is the most salient feature in Irish immigration policy. The British have treated Ireland as

As part of the British empire Ireland was

a member of the commonwealth but have exempted

subject to British laws. There was a devolved

Ireland from controls such as the New Common

Government in Dublin, but the legislation was directly

Wealth Immigration Acts of 1962 and 1968, although

equitable to British legislation. The 1935 Aliens Act

for a brief period in the 1980s there were controls due

repealed the existing British legislation, the Aliens

to an IRA bombing campaign. Ireland has reciprocated

Restriction Act of 1914, and the Aliens Restriction Act

and nationals from both countries are allowed freedom

of 1919, while the Citizenship and Naturalisation Act

of movement and employment in the other.

of 1935 repealed the British Nationality and Status of Aliens Acts of 1914 and 1918. The British legislation was more liberal as regards citizenship. Citizenship was constructed in the British legislation to support Civis Britannicus sum (Spencer, 1997: 21) which created a civic form of British citizenship based on the

Having

laid

the

groundwork

for

foundations of Irish immigration policy, I will now briefly examine its historical implementation. There were changes made to this legislation over time, and these

will

be

acknowledged

with

the

implications examined.

imperial system. Naturalisation was constructed in the same way as the 1935 Act in Ireland. The 1935 Aliens

1935 TO 1956: IRRITANTS TO THE BODY

Act uses much of the same language as the British

POLITIC

Acts it repealed and is equally restrictive. As a result the Irish Free State inherited an outlook on immigration that was exclusionary and racist. For example: The 1905 [British] Aliens Act … inspired by the arrival of large numbers of mainly Jewish migrants from Eastern Europe, was the first legislation designed to limit entry to the United Kingdom. The anxieties of the war led to the Aliens Restriction Act of 1914 which was extended into

the

Consider, for instance, the question of tolerance for other cultures. One of the greatest paradoxes of Irish history after the foundation of the State is the complete contradiction between the expectation, on the one hand, that Irish people had a right to emigrate to wherever they could, and on the other, the great reluctance to allow immigration into Ireland, even in the extreme circumstances of Jewish refugees fleeing the Holocaust. (O’Toole, 1998: 162)

major


25

- Ireland, they say, has the honour of being the only country which never persecuted the Jews... And do you know why?... - Because she never let them in, Mr Deasy said solemnly... (Joyce, 1960: 44)

war…’ (Keogh, 1998: 192). Ireland was not unique, as Canada, Australia, and New Zealand had a similar record (Keogh, 1998:194), inheriting the same antisemitic attitudes from the British 1905 Aliens Act. Irish policy toward Jewish refugees is perhaps best summarised by S.A. Roche in 1946:

It is impossible to ascertain exactly how many

Our practice has been to discourage any substantial increase in the Jewish population. They do not assimilate with our own people but remain a sort of colony of a world-wide Jewish community. This makes them a potential irritant in the body politic and has led to disastrous results from time to time in other countries. (as cited in Keogh, 1998:161)

Jews came to Ireland before WWII started, since there is no statistical information available. ‘A memorandum from the Department of Justice in 1953 stated that there was no record of the number of aliens…that were of Jewish blood’ (as noted in Keogh, 1998: 291; ref. no. 217). About 42,000 Jews emigrated to Britain, 30,000 went to France, and approximately 85,000 to the USA and Latin American respectively (Keogh,

The debates surrounding the refugee crisis

1998: 142). The Irish government did not look upon

during the war years led to the Aliens (Amendment)

Jewish immigrants favourably.

Order of 1946 which created a hierarchy of

In general, I think that the Jewish community in this country should not be increased by way of immigration, except in cases where the immigrant is a definite acquisition to the State. So long as we have (in common with so many other countries) the problem of unemployment, I feel that it is wrong to admit aliens about whom we cannot be certain that they will not compete with our citizens in the labour market. (Ruttledge, as cited in Keogh, 1998: 125) This was the position held by Minister of Justice P. J. Ruttledge, a post he held until 1939. Irish officials were not only concerned with Jewish competition in the labour market but also feared that they would not be able to leave, because Germany would not accept them back, and they no longer had

immigrants. Nationals of: America, Belgium, Holland, France, Italy, Liechtenstein, Scandinavian countries, and applicants for tourist visas were to have their applications considered favourably. Second preference was given to citizens of ‘distant’ European countries including Germany, Austria, and, Greece, providing their ‘business’ was not contrary to Irish interests. The final group addressed were ‘stateless persons’, or refugees; this was reserved for Eastern Europeans. Ireland would accept refugees on the condition that they were of good character and that they not seek permanent residence. Interestingly, these preferences are seen in MacGreil’s (1996) work on social distance and

underscore

the

WHISC

codification

in

immigration policy.

any rights to German citizenship (Keogh, 1998: 128).

From the post-war period to 1956 Ireland’s

The situation of Jewish refugees was not aided by the

approach to refugees, be they Jewish or otherwise, did

head of the Irish delegation in Berlin the openly

not change. Ireland did decide to make its refugee

antisemitic Charles Bewley (Lentin, L., 1997).

policy more ‘liberal’. ‘The Minster for Industry and

‘Whatever the number - and it may have been as few

Commerce said that he would be in favour of a liberal

as sixty - it was insignificant for the six years of

policy on a highly selective basis’ (Keogh, 1998: 206).


26

This statement typifies the general feeling in Irish

(Commission on Emigration, 1956: 132). The majority

policy making circles. Immigrants would be admitted

of these 65,000 people (49,000) were born in Britain.

to Ireland only if they had something to offer the state,

This demonstrates the persistent migration of people of

and Ireland did accept a small number of refugees in

British origin into Ireland (ibid.) and is not surprising

the early 1950s. Between 1950-52 107 refugees were

considering the common travel area. Jews were not

admitted (Ward, 1996: 135). The majority were

allowed to enter the country because of the possibility

covered by the 1946 Aliens Order. 265 poles, 300

of their ‘destabilising effect’ on society, while

Germans and some 30 Austrians were admitted to

Americans, British, Canadians, and Australians of Irish

Ireland although only a fraction were refugees (ibid.).

or British birth or association were allowed to

The refugees were allowed to enter Ireland mostly as a

immigrate without restriction.

result of the involvement of the International Red

Irish policy is what Goldstone (1999) refers to as ‘old

Cross.

Irish racism’.

The antisemitism in

Available statistics for the foreign born population further illuminate Irish policy. Although

1956 TO 1990: THE ROLE OF THE UN

Ireland was a net emigration country, there was

Ireland became a signatory to the 1951 UN Convention

persistent immigration during the first part of the

Relating to the Status of Refugees in 1956 when it

century (see fig. 4.1 ). Immigrants from America,

joined the UN. Irish immigration policy entered a new

Canada and Australia were entering Ireland on a

era because Ireland was intent on participating in the

FIGURE: 4.1 Immigration of Persons of British and Irish Nationality from Overseas - 1924 to 1950 YEAR AMERICA CANADA AUSTRALIA OTHER TOTAL 1924-1929 7,449 1,444 1,140 2,585 12,618 1930-1934 9,653 1,451 1,026 2,307 14,437 1935-1939 3,766 448 466 1,727 6,407 1940-1945 * * * * 12,500 1946-1950 1,542 457 371 2,792 5,162 TOTAL 1924-1950 22,410 3,800 3,003 9,411 51,124 * No information available for these years Source: Compiled from The Commission on Emigration and Other Population Problems: Statistical Appendices 40-41

regular basis. However, these migrations had been

new world organisation. However, this only meant

ignored because of the ease of assimilation of these

admitting minimal numbers of programme refugees,

peoples. A total of 51,124 persons born in countries

not an overhaul of immigration policy.

other than England or Ireland immigrated from 1924 to

The 1951 convention defines a refugee as:

1950.

…a person who has fled his or her country and is unable or unwilling to return because of a ‘well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political

The 1946 census recorded 98,900 foreign born persons resident in Ireland. After subtracting the 33,500 persons born in the North, the foreign population comprised 2.2% of the total population


27

opinion…(Article1.(A.2)1951Conventi on Relation to the Status of Refugees).

lack of statistics, and interestingly, immigration is

Thus signatories must form internal policies

produces the following policy recommendation:

to process applications for asylum and process them

In our view, it would not be desirable or practicable to try to increase the population by increased immigration of aliens. While Ireland, with great numbers of her people living in other countries, should be slow to refuse admission to desirable immigrants, the present immigration policy, in our opinion, is as liberal as the circumstances permit. ( Commission on Emigration, 1956:133)

considered a

accordingly. ‘Most fundamentally international law obligates states not to reject foreign asylum applicants if such rejection entails their being returned to a place where they are in danger of being persecuted’ (Suhrket and Zolberg, 1999: 143): this is known as the ‘nonrefoulement principle’. The 1951 convention was limited to persons who became refugees prior to

‘population

problem’.

The

report

January 1 1951. However, it forms the cornerstone of international refugee law while the 1967 New York Protocol makes refugee status universal regardless of

In 1956 the Commission on Emigration and other Population Problems reported to the government. In a report of over 500 pages little more than a page was dedicated to immigration. In fact, more space was provided for information on animals and crops (for example see pp. 373-387). There was a better understanding of agricultural products than there was of population flows, and this is somewhat puzzling as report

focused

on

Nationality and Citizenship Act which repealed the 1935 Act. The 1956 Act is not substantively different

the date of forced migration.

the

1956 also saw the passing of a new

‘population

problems’.

Statistical comparison includes the tonnage of cakes and biscuits exported between 1930 and 1950 (Commission on Emigration,

1956: 379).

This

illustrates another pattern of Irish immigration namely

in body or spirit of the law. The most notable changes are in references to 1922, the founding of the state, as regard citizenship.

However, it must be noted that

Sections 8.1 and 20 change the citizenship status of women married to Irish nationals in an exclusionary manner while Section 16 (d) and (e) exclude spouses of Irish women from being automatically naturalised as was the case under section 16.1(b) of the 1935 Act. In 1956 Ireland accepted a group of 530 Hungarians, the first of several groups of programme refugees. Other groups included Chileans, Vietnamese, and Baha’is (see fig. 4.2). Examining

these

programme refugee groups illustrates continuing trends in Irish immigration policy.


28

Figure. 4.2: Programme refugees in Ireland 1956 to 1990 Year/Group

Family Reunification

Amount

Reason for Acceptance

1956 Hungarians

530

No

A big show off to show what we could do

1972 Chileans

120

No

Pressured by UNHCR and Catholic NGOs

1979 Vietnamese

220

1985 Baha’is

Yes, in 1981, 1985, 1987, 1991

25

Pressure by UNHCR and NGOs Pressure from Irish Baha’is community and NGOs

No

Source: Keogh, 1998; Refugee Agency, 1998; Ward, 1996; and Ward, 1999

First and foremost, with the exception of the

During the 1960s a number of foreigners

Hungarians, Ireland was reluctant to accept refugees

entered the state, and one of the largest groups was

and often had to be pressured by the UNHCR or by

German.

NGOs, and even then the numbers of refugees

polices which sought to develop industry in Ireland. In

accepted were negligible. When Ireland did accept

1961 there were 388 Germans resident in Ireland

programme refugees there was little cost to the State as

(Census, 1962), but by 1971 this number increased to

the UNHCR paid for the majority of their maintenance.

2,066 (Census, 1971). This represents a net increase of

In addition the Chileans were accepted because they

some 1700 persons or a 432% increase in the number

were Catholic, and there were restrictions placed on

of German residents in Ireland. The official statistics

the admission of Hungarians to ensure they were

understate the number of Germans resident in Ireland,

Catholic as well (see Ward, 1996; 1999). One also

because there were certain tax advantages for Germans

notices that there is little provision made for family

claiming Germany as their primary residence (see

reunification with the exception of the Vietnamese.

O’Brien,

However,

Irish

demonstrates a continued growth in the German

government by the UNHCR is a marked change and

population in Ireland although not as significantly as

demonstrates Ireland’s responsibilities in the larger

the growth from 1961 to 1971 (Census, 1981).

the

‘pressure’

applied

to

the

global community. Interestingly Ireland did not

This was partially due to Irish economic

1992).

Other

Subsequent

groups

census

immigrated

information

during

these

participate in UNHCR sponsored refugee programmes

decades for reasons of ecology or other ‘green’ factors.

from Africa in the 1960s, 1970s, or 1980s although

They are referred to as ‘countercultural immigrants’,

there were other immigrant groups entering the country

‘60’s dropouts’, or hippies (Kockel, 1991: 74). These

during this time.

immigrants, including people Kockel refers to as


29

‘hobos and drifters’, are very hard to track statistically

roughly the same amount as a percentage of total

since they may not be sedentary during the census of

population (Eurostat, 1986).

the population. Furthermore, they often do not declare

The majority of foreign nationals in Ireland

residency in Ireland as many have become politically

(186,959 persons) were from the UK. However, there

inactive, or live on self sufficient farms and have little

is a noticeable non-EU contingent of approximately

contact with the ‘locals’ (ibid.: 75-77). This migration

12% of the foreign born population in Ireland or some

continued throughout the 1970’s to rural parts of

19,386 persons. The next largest group of foreign born

Ireland.

residents in Ireland was 16,591 from America. Finally, In the early 1970s due to an economic down

turn Europe ‘closed’ its doors.

Several countries

including France, Germany, and the UK, passed

8,089 persons from other EU nations were resident in Ireland in 1981. These statistics demonstrate a continued migration from Britain and the US.

legislation in early 1970s to limit the amount of

There was another change in the Irish

immigrants coming into their states (Cornelius, 1994;

Citizenship and Nationality laws in 1985. The 1985

Hammar, 1985). Many states had an official zero

Amendment to the 1956 legislation redressed the

immigration policy and Ireland followed suit when the

gendered language of the 1956 act by either taking out

Department of Justice issued the Aliens order of 1975.

the word ‘he’ or replacing the word ‘woman’ with

This order overhauled visa requirements for third

‘person’, meaning that all spouses of Irish citizens,

world

countries,

male or female, were given the same right. The only

effectively harmonising Irish policy with other EU

other section of the 1956 Act changed was the fine for

member states.

fraud in the application process for citizenship.

countries

and

some

Western

The migrations of the 1960s and 1970s

However, the 1956 legislation was substantially the

resulted in the 1981 census recording 6% of the total

same as the original 1935 Act, and the amendment

population as foreign-born (see fig. 4.3). To place this

made little change to the existing legislation. In effect,

Figure 4.3: Foreign Born Population Resident in Ireland- 1981

Total Population UK Other Non-EC USA Other EC

Source: Compiled from 1981Cencus and Eurostat 1986 in context, for the same census in Britain there were

the

1935

Act

still

governed

citizenship

2.137 million foreign born residents which constitutes

naturalisation in the Republic of Ireland.

and


30

Ireland was soon to become a net immigration

their peak in 1987 with 545 persons being naturalised,

Available statistics elucidate a change in

but ironically, this was the first year that Ireland began

population flows to Ireland. In 1987 there were 17,200

maintaining statistics on the number of applications for

immigrants to Ireland (Eurostat, 1997). By 1990 the

asylum, which numbered only 50. 1987 is also

annual number had almost doubled to 33,300.

significant, because it was the start of the statistical tracking on immigrants by more ‘reliable’ means.

foreign nationals resident in the state they indicate a

Figure 4.5: Naturalisations and Applications for Asylum 1980 to 1990

1990

Ye a r

1989

indicative of the actual number of non-nationals, since

1988

they held Irish citizenship. The 1989 figures are more

Applications for Asylum

1987

foreign born nationals regardless of whether or not

Naturalizations

1986

Most importantly, the figures from 1981 were for

600 500 400 300 200 100 0 Total

1985

made between the figures from 1981 and from 1989.

1984

(Eurostat 1991). However, there must be a distinction

1983

total of 79,000 foreign nationals resident in Ireland

1982

addition, if one examines statistics for 1989 concerning

1981

In

1980

country.

Source: Compiled from Eurostat 1991

this is specifically what they measure. Work permit information for 1987 to 1991 also illustrates a general trend in Irish immigration

Since the establishment of the State Ireland

policy i.e. an increase of guestworkers (see fig. 4.4).

had ‘guestimated’ the numbers of people leaving and

Figure 4.4: Number of Work Permits Issued and Renewed 1987 to 1991

entering the state. That is to say, the number of births and deaths would be subtracted from the total population, as recorded by the census, and the

YEAR 1991 1990 1989 1988 1987

NEW PERMITS 2381 2205 1677 1438 1101

RENEWALS 1399 1207 884 880 768

TOTAL 3780 3412 2521 2318 1869

remainder would constitute net migration (personal communication with Adian Punch, Head Statistician for Census, CSO: 12/6/99). This method was coupled with the use of the Annual Labour Force Survey, the net passenger balance, the number of visa granted, and

Source: Eurostat 1997 These work permits were used as a specialty visa

the census. This was inaccurate as regards immigration

system, as, on average, 50% were issued to nurses or

flows, since the same process has been proven to be

other medical workers.

the smallest

inaccurate in the UK (see Jackson, 1963). In addition,

percentage of work permits were issued for unskilled

the statistics I have mentioned in this chapter are more

labour. It must also be noted there was a 69% renewal

than likely understated with regards to EU nationals,

rate for these years, which means that on average 172

because, like the Germans, if there were financial or

persons would be eligible for citizenship per annum.

other incentives to maintain one’s permanent residence

Moreover,

During the 1980s there was an increase in the numbers of immigrants. This is also true of the number of naturalisations and asylum-seekers in Ireland.

information available to researchers. In examining the total population and net migration statistics for Ireland from 1960 to 1990 one

Figure 4.5 illustrates these trends. A caveat to these statistics is that there is an absence of refugee information.

in another state this was completely missed by the

Naturalisations hit

notices that, although Ireland was a net emigration country for the majority of the three decades, the total


31

population continued to increase albeit at a nominal

(Refugee

pace (see Fig. 4.6).

reunification, the Bosnian community in Ireland

1998:

10).

2 1.5 1 0.5 0

-0.01 -0.02 -0.03 -0.04 -0.05 88

86

19

84

19

19

82

80

19

78

19

76

19

74

19

72

19

19

70

68

19

66

19

64

19

19

19

62

T otal Population in Millions T otal Net Migration in Thousands

19

family

0.03 0.02 0.01 0

3.5 3 2.5

60

T o t a l P o p ula t io n

Figure. 4.6: Total Population and Total Net Migration 1960 to 1989 4

After

N e t M iga t io n

Agency,

Year Source: Compiled from Eurostat 1997, and Appendix 2 of mid-April Population Estimates 1951 to 1997 During the mid 1970s there was an increase in

numbered 916 in 1996 (Refugee Agency, 1998: 9).

net immigration. However, much of this was due to

Like

government

community consists of a 50/50 split along gender lines

economic

policies

attracting

return

the

Vietnamese

community,

the

Bosnian

migrants (Kockel, 1991: 71) and there were also slow

(ibid.).

persistent migrations of Europeans entering Ireland

status like the Vietnamese. Although the Department

during this time as demonstrated by the 1981 statistics

of Justice criteria for family reunification differed

mentioned above. Much of this was due to the freedom of movement in the EU and the official statistics for immigration in the late 1980s show that the rate of immigration increased persistently from 1987 to 1990. In fact, immigration nearly doubled from 17,200 in 1987 to 33,300 in 1990 (Census, 1991). However, this may be partially attributed to a question concerning previous location of residence in the 1987 Annual Labour

force

Survey

providing

more

accurate

statistics.

The Bosnians were given de facto refugee

slightly from the Vietnamese in regards to gender preference, there is no preference specified for ‘widows and unmarried sisters’ (Refugee Agency, 1998: 7). At this point I must note a general trend in immigration policy not only in the EU but in the Western world.

The intergovernmental Terrorism,

Radicalism, Extremism and International Violence group (TREVI) which consists of the EU member states, Australia, new Zealand, Canada, and the US, is

1990 TO 1996: THE EU TRIAD OF CONTROL

harmonising its immigration policies. A prime example

In 1992, along with other member states, Ireland

of this is the similarity between the safe third country

agreed to take a quota of 200 refugees from Bosnia

principle as seen in the 1996 Dublin convention in the EU and the 1996 IRCA in the USA. This is what


32

Cornelius et. al., (1994) refer to as the convergence

policies. Furthermore, the London Resolution allows

theory.

for manifestly unfounded claims to be decided in an

The

process

of

convergence

or

EU

harmonisation has taken on the official policy of a ‘triad of control’.

The EU formulated a common

response based on a triad of control to separate refugees from migrants and limit the intake of bona fide refugees (Suhrke & Zolberg, 1999: 151-152) The other pillars of the triad are to proactively modify the causes of outflows and to attempt social integration for those refugees allowed in. I shall now examine the EU legislation that operationalises the triad. The

London

Resolution

on

Manifestly

Unfounded Applications for Asylum was passed in 1992 as part of an effort to limit the intake of refugees. Although it was non-binding, it is important to note as it broadly defines a ‘manifestly unfounded’ application for asylum. It also gives signatories a great deal of discretionary

power

in

further

defining

what

constitutes a manifestly unfounded application. Paragraph

7

states

that

a

manifestly

expedited process. Reasons

for

accelerated

processing

of

applications for asylum are outlined in Paragraph 9. 9. All applications which are clearly based on deliberate deceit or are an abuse of asylum procedures. Member states may consider under accelerated procedures all cases in which the applicant has, without reasonable explanation: (a) based his application on a false identity or on forged or counterfeit documents which the applicant has maintained are genuine when questioned about them; (b) deliberately made false representations about his claim, either orally or in writing, after applying for asylum (e) Having had ample earlier opportunity to submit an asylum application, submitted the application in order to forestall an impending expulsion measure (London Resolution 1992)

unfounded application for asylum is one which meets none of the substantive criteria outlined by the 1951

Most importantly, subsection (d) allows states

Geneva Convention or the New York Protocol.

to declare a claim manifestly unfounded if a another

Furthermore, paragraph 6 goes on to outline more

claim has been filed in one or more other countries.

classifications of manifestly unfounded claims.

The caveat to all of these provisions lies solely in

For

example;

Paragraph 10 where it states factors in paragraph 9 can

(b) the application is totally lacking in substance: the applicant provides no indications that he would be exposed to fear of persecution or his story contains no circumstantial or personal details;

not, by themselves neutralise, ‘a well founded fear of

(c) the application is manifestly lacking in any credibility: his story is inconsistent, contradictory or fundamentally improbable.

accelerated

persecution’ as outlined by Article 1 of the Geneva convention. This

allowed process

states for

to

implement

manifestly

an

unfounded

applications for asylum. This resolution established the third safe country principle which allows for deportation of asylum-seekers to the ‘buffer countries’

The resolution does not, however, provide a

of the former Eastern Block. However, the principle of

manner for testing what is ‘totally lacking in

subsidiarity was maintained so that EU member states

substance’, but leaves it to the discretion of national

remained in control of their respective policies.


33

The other major piece of legislation passed in 1992 was the Treaty on European Union (TEU). This amendment to the Treaty of the European Union is the basis for common immigration and asylum policy in Europe. Article K. of the TEU states: For the purpose of achieving the objectives of the Union, in particular the free movement of persons, and without prejudice to the powers of the European Community, Member States shall regard the following areas as matters of common interest: (1) Asylum policy; (3) immigration policy and policy regarding nationals of third countries

and refugee policy in which the Commission underlines that ‘it is impossible to reduce the number of refugees the Member States are considered to protect (Intergovernmental Conference, briefing No. 39: 22/8/1996) This shift in policy was adopted by all member states. The following year the Schengen agreement was implemented. Schengen allows for the free movement of goods, services, capital, and persons inside the EU. As such it is the most comprehensive policy document to date as regards EU immigration policy. Articles 2 through 38 outline the abolition of internal borders and regulate the movement of people in the EU. More specifically, Articles 9-18 cover visa

Other areas include combating unauthorised

policy. Accompanying the agreement was a list of 127

immigration, K.3 (c) and conditions of entry and

suggested countries that should have entry visas for

residence of non-nationals, K.3 (a) and K.3 (b)

EU States.

respectively.

aliens, the majority of whom can move freely within

Although immigration, asylum and visa policy are regarded as areas of common interest, the

Sections 19-24 cover the movement of

the member states for up to four months providing they register with local authorities.

implementation and formulisation of these policies was

The most important sections are articles 28-

left to the individual member states. The restriction to

38, which govern responsibilities for processing

this being Article G.23.1, formally Article 100(c) of

applications for asylum. Article 29(2) states ‘every

the EC Treaty, which gave the Inter-Governmental

contracting party shall retain the right to refuse entry or

Council (IGC) control over visa policy by unanimous

expel any applicant for asylum to a third state on the

decision. Article G.23.2 gave the IGC the ability to

basis of its national provisions and in accordance with

implement emergency visa requirements for countries

its international commitments’.

for up to six months by qualified majority if a third

known as the third safe country principle and is an

country ‘posed a threat’ of sudden inflows of

extension of the third safe party principle as enacted by

immigrants. Under these powers the IGC passed a

the London Resolution in 1992. Moreover, subsidiarity

resolution on the Admission of Third County Nationals

is protected by the statement ‘on the basis of national

for Employment in 1994. The IGC also separated

provisions’, and it is further re-enforced by Article 32:

asylum policy from immigration policy in 1994.

‘The contracting party responsible for the processing

In its communication to the European Parliament and to the council in 1994, the commission made a clear distinction between immigration policy, in which it is necessary to act in a restrictive and preventive manner,

of an application for asylum shall process it in

This is commonly

accordance with its national law’. Thus, harmonisation in EU immigration and asylum policy would seem to be mitigated by the principle of subsidiarity However,


34

many state policies have used EU policy as a building

shopping’ (Garcia y Griego, 1994: 138), i.e. the

block to form more restrictive policies.

practice of applying for asylum in more than one

The Resolution on Minimum Guarantees for

country at a time. As a result changes must be made in

asylum procedures, published in 1995, further re-

individual state policies. Germany which had the most

enforced the Schengen Agreement.

liberal

The IGC does

asylum

policy

in

Europe

due

to

the

‘refer to the principle that asylum procedures will be

constitutional status of asylum-seekers, has since made

applied in full compliance with the 1951 Geneva

changes to its implementation making it more difficult

convention and other obligations under international

to claim asylum (Martin, 1994: 210-211). However,

law in respect to refugees and human rights’ (Vdsted-

the majority of member states have become more

Hangen, 1999: 8). The major effect of this piece of

creative in the fight against refugees and asylum-

legislation is the restrictions it places on member

seekers.

states. In particular it states that no expulsion orders

The French and Dutch governments have

will be implemented as long as no decision has been

declared parts of their largest airports as ‘international

taken on the application for Asylum. However, the

Territory so people cannot claim asylum’ (Suarez-

1992 London Resolution still allows states to process

Orozco, 1994: 251). The European restrictiveness

manifestly unfounded claims in such a manner creating

appears liberal when compared to the Japanese policy

a rather large loophole for member states if not

of no refugees and no asylum-seekers (Layton-Henry,

encouraging them to use this as substantial part of their

1994: 291).

policy.

Ireland,

Several European countries, including

already

had

discretionary

powers

for

The following year the Dublin Agreement

immigration officials at airports and harbours codified.

gained convention status in Ireland. It builds on earlier

Although subsidiarity has long been a

policy initiatives at EU level, most notably in the area

principle of the EU, since the early 1990s there has

of asylum policy. In theory the Dublin Convention

been

means that an application for asylum can be denied if

‘harmonisation’ of immigration policy.

the person had the opportunity to seek the protection of

mostly due to the impending implementation of the

another member state. In practice, however, it has the effect of denying applications and ‘passing the buck’ by returning asylum-seekers to the first European country that they entered.

For example, asylum-

seekers who have travelled to Britain or Ireland by ferry passed through another member state.

As a

result, they are returned to that country for processing, but under the 1992 London Resolution they can then be sent to the ‘buffer countries’ if they have passed through one of them.

The official term for this is

a

movement

among

EU

countries

for

This was

Schengen agreement. As boarders within the EC become increasingly irrelevant, control of the outer European border becomes more important. In north-western Europe there is some anxiety that southern EC member countries (particularly Spain and Italy) will not be able to control entry effectively. (Suarez-Orozco, 1994: 241) In 1996, with these concerns in mind, the IGC published the Joint Position on ‘Pre-frontier Assistance and Training Assignments’. The purpose of this was to

‘burden sharing’.

implement a well developed policy of extra-territorial The Dublin

Convention

has effectively

stopped what western countries refer to as ‘asylum

immigration control joining two aspects of the Triad,


35

namely limiting the number of refugees and stemming

aiding third world countries. In 1983 there were 17

the causes of outflows. The preamble to the resolution

NGOs in the state that were co-financing aid work in

justifies its actions as follows:

foreign

Whereas checks carried out on embarkation on to flights to member states of the European Union are a useful contribution to the aim of combating unauthorised immigration by nationals of third countries, which pursuant to Article K.1 (3)(c) of the Treaty, is regarded as a matter of common interest;

countries

(Department

of

Co-operation

Division, Department of Foreign Affairs ‘Irish aid : Co-financing with NGOs: 1983). This was more than advocacy work for refugees/asylum-seekers and immigrants. In 1983 over 50% of the aid went to Africa

and,

incidentally,

to

countries

whose

populations need visas to enter Ireland. This is still the case in Ireland although now Eastern European

Whereas the posting to airports of departure of Member States’ officers who are specialised in such checks, to assist the officers who carry out checks on departure locally on behalf of the local authorities or on behalf of airlines, is a means of helping to improve those checks, as is also the organising of training assignments aimed at airline staff;…(Preamble of IGC Joint Position)

countries are also given a significant amount of aid, and Ireland contributes 25% of all aid through the EU under the Lomè Convention (Department of Foreign Affairs, 1998). This may be a new trend for the EU as it has grown to be the world’s fifth largest aid donor in the 1990s (Department of Foreign Affairs, 1998) , but for Ireland it has been standard operating procedure since 1975 and even earlier through the Church’s

Primarily this policy restrains persons who could possibly attain asylum status in EU countries from reaching them. There is no evidence that humanitarian concerns are being taken into account with this policy. As such, persons may be subject to

collections for the ‘black babies’. Net migration to Ireland from 1990 to 1994 hovered close to zero. In 1995 and 1996 Ireland once again became a net immigration country. Figure 4.7 demonstrates that the majority of immigrants in 1996

prosecution by local officials as a result of EU involvement in Extra-national immigration controls. Secondly, the member states are delegating power to

Figure 4.7: Nationality of Immigrants as percent of Total 1996

transport providers with the penalty of a sanction for carrying a person without proper documents. Finally, UK 21%

it removes a large part of the asylum or immigration process from the state, insofar as actions taken by

Irish 45%

private companies or immigration officials 3000 miles

Other EU 13%

away in a third world country are effectively transparent to advocacy groups, the public, and such refusals are not captured in a statistical format. The third part of the Triad is to proactively modify causes of outflows which is achieved through

Other Non-EU 11%

USA 10%

Source: Adapted from Punch and Finneran, 1999: Table A9

aid to third world countries. Ireland has had a long history of government/NGO partnership in relation to

were returning emigrants. However, migrants from the


36

UK and other EU countries constituted a total of 34%

proactive and only reacted to the crisis after coaxing

of all immigrants. This further demonstrates the

from interest groups inside and outside of the state.

recurrent pattern of immigration in Ireland, since the

David Wyman refers to the failure of the United States

majority of immigrants are from Europe, especially the

to save more Jews as a ‘vast lost chance’ (Keogh,

UK, while the majority of non-European immigrants

1998: 194). The USA has learnt from this and

are from North America.

transformed it into a more liberal policy, while Ireland, it would seem, has not learned from the tragic

SUMMARY

consequences of turning its back on refugees. Finally,

The refugee crisis that struck Europe signals the birth

there is a clear preference given to ‘white’ immigrants

of an Irish immigration policy. This first test of the

in the 1946 Aliens Order and the omission of migration

Irish immigration policy forms the pattern that will

from the UK, the USA, Australia, and New Zealand.

typify Irish policy for decades to come. Primarily,

The convergence of Irish immigration policy

there is a reluctance to allow immigration whether it be

with the rest of the western world is creating a more

for economic or social reasons other than for white

restrictive, more xenophobic immigration policy based

groups. Secondly, there is the legacy left by imperial

on the Triad of Control. Ireland continues its long

laws which were meant to keep out Jews and people of

tradition of not allowing in migrants and instead taking

‘colour’, centralising an enormous amount of power in

collections for ‘black babies’ through aid agencies. I

one ministry. Perhaps most importantly, this is a

will now address the contextual discourses of current

precedent, inasmuch as the government was not

Irish immigration and immigration policy.


37

CHAPTER 5 IMMIGRATION POLICY AND THE DISCOURSES OF IMMIGRATION Jason King suggests the Social Darwinist INTRODUCTION

discourse of the ‘new’ migration to Ireland is

There is one term which we should have banned long ago in the discussion about racism in Ireland. It is the sanctimonious weasel–term ‘asylumseeker’, with its implications of refugeedom from tyranny preventing any reasoned conversation about the actual growth of both immigration and racism here. (Myers: 23/3/98)

dichotomous to the older Gothic discourse of emigration: [U]nder the rubric of Social Darwinism, immigrants to Ireland, mainly asylum-seekers and refugees, are associated not with human rights violations but economic survival strategies, competition for limited resources, and outright opportunism, as the ‘spill over’ of other nations’ poverty that puts Ireland’s capacity to sustain its own populace under strain. (King, 1999: 52)

This statement by Irish Times columnist Kevin Myers is typical of the current discourse surrounding immigration in Ireland. There has been a debate over immigration in the press, political, and public circles,

Throughout recent history, refugees have been

because the number of asylum-seekers has increased. What is most notable about this discourse, is its dehumanising nature.

There has been an overt

discourse based in Social Darwinism and a parallel discourse based on statistics which have caused asylum-seekers and refugees to be dehumanised. Furthermore,

these

discourses

demonstrate

the

conflation of immigrants, refugees, and asylum-seekers with people of colour or those who are non-WHISC. The end result has been more restrictive policies in relation to immigration as a whole.

viewed in economic terms either as an added competition in the labour force or as a burden to the State,

but

the

prevailing

discourse

does

not

differentiate between refugee and asylum-seeker. There

is

an

equation

in

Ireland

between

refugee/asylum-seeker and people of colour. There is a further conflation of immigrant and refugee/asylumseeker. The end result being the Irish discourse of immigration referring to people of colour, the most notably non-WHISC element in society, which is equitable to the discourses of refugees in the UK (see

THE DISCOURSE OF IMMIGRATION, REFUGE

Kaye, 1998). As such, immigrants/refugees/asylum-

AND ASYLUM

seekers are perceived as people of colour.

Against the backdrop of Ireland’s transition from an emigrant to an immigrant host society, an emergent discourse of Social Darwinism has gradually superseded its Gothic Predecessor, to reconstruct Irish migratory processes in terms of ‘floods’, ‘tides’, and as a variant of natural disaster. (King, 1999: 52)

In the early years of this decade and prior to that, our relatively high unemployment rates and low social welfare payments ensured that illegal immigrants invoking the asylum convention targeted the more prosperous countries - even small ones like Denmark and Finland. Let us be clear about it. Our current economic boom is making us a target. We are


38

firmly established on the map as a desirable place in which to seek refugee status and we should develop and shape our policy response with that in mind. (Minister of Justice, John O’Donoghue, speech delivered to IBEC, 21/10/98)

constitute a major change in Irish immigration policy by removing discretionary powers from the MOJ and the Department of Justice’s bureaucracy. Other major innovations in this legislation are sections 15 and 16. Section 15 makes provisions for the establishment of a ‘Refugee Appeal Board’. ‘The

The previous quote summarises the attitude of

appeal board shall be independent in the exercise of its

the MOJ towards immigrants, refugees, and asylum-

functions under this act’ (section 15(2)). Had this been

seekers in particular. ‘Bogus’ refugees are ‘targeting

implemented, the MOJ would have lost a significant

Ireland’ through illegal immigration. On August 29,

amount of control over refugee and asylum policy.

1997, the MOJ John O’Donoghue signed an order that

The appeals board itself was designed to be

allowed the Dublin Convention to enter into effect on

independent of the Commissioner and to have the

September 1. The Minster ‘said that it [the Dublin

ability to overturn the findings of the Commissioner

Convention] ultimately had the effect of ensuring that

(sec. 17.2.(b)) or recommend an investigation be

Ireland’s resources could be devoted to dealing with

carried out by the Commissioner (sec. 17.2.(d)).

the application for asylum where the state clearly had a

Overall this peace of legislation was extremely

responsibility’ (DOJ press release, 29/8/97). The press

progressive by Irish and European standards alike.

release adds that ‘one of the effects of the orders made

With the change in Government in 1997 there was

today is to set out in Irish law who is a refugee’(ibid.).

reluctance to implement it. In February 1999 the MOJ

This statement, in fact, is a half truth or, at least a,

referred to the 1996 Refugee Act as ‘well intentioned

manipulation of the truth. The Refugee Act of 1996

but unfortunately technically inadequate’ (MOJ speech

truly defined who was a refugee in Irish law for the

delivered to UNCHR / EU Refugee Integration

first time. However, it remains largely unimplemented

Campaign, 03/02/99).

due to Government objections over administrative details (Cullen, 12/8/97).

The net affect of this legislation has been to force the MOJ to make changes in the immigration and asylum process in Ireland. For the first time the MOJ

REFUGEE ACT 1996

announced that he would allocate resources to The Refugee Act of 1996 is an expansive piece of legislation, an amalgam of the three spheres of immigration policy.

Sections of the Refugee Act

include the Dublin Convention as well as the 1951 Convention on the Status of Refugees. On the national level it grants broad social and civil rights for refugees in the State (Sections 3-5). On an administrative level Section

6

establishes

a

Refugee

Applications

Commissioner who would be completely independent of the MOJ (sec. 6 (2)). This in and of itself would

immigration and asylum which meant three full time job positions (Ward, 1999: 47). Due to the limited amount of resources allocated, the processing time was lengthy as in most other European countries.

The

average length of the review of an application for asylum is over two years (Dáil Debates, 4/2/99). Over the past two years the resources for processing asylum claims has increased to 170 full time staff (DOJ Press release, 21/7/98).


39

The justification for non-implementation of

discourse existed in late 1996 and early 1997 as the

the Refugee Act of 1996 came from the discourse

justification for the Aliens Order of 1996. This Order

based very much in King’s argument. Headlines such

implemented immigration checks at ports of entry for

as ‘Gardai struggling to stem tide of illegal

flights, trains, and ferries coming form the UK via the

immigration’ (Cullen, 27/8/97) and ‘Gardai investigate

common travel area (Tynan, 26/6/7).

asylum

were

accounts at the time demonstrate the conflation of

ubiquitous in Irish news papers at the time. Earlier

immigrant / refugee / asylum-seeker and illegal

headlines read ‘5000 refugees flooding into Ireland’

immigrant with a person of colour.

welfare

frauds’

(Cullen,

29/8/7)

News paper

(Irish Independent, 29/5/97) and ‘Services face

‘How else are these immigration officers to

overload as refugee flood continues’ (Sunday Business

do their job, other than by singling out those faces

Post, 18/5/97).

which are black, or yellow, or in some way different

What entails from such calamitous imagery, then, is a growing sense of necessity for extraordinary measures and the use of discretionary powers to ‘contain’ the refugee crisis, including the suspension of statutory protections for asylum-seekers in the delayed implementation of the Irish Refugee Act. (King, 1999: 53)

from the Irish [WHISC] norm?’ (Cullen, 8/8/97. News accounts detail how immigration officers were targeting people of colour, ‘Officers accused of targeting

black

passengers’

(Cusack,

18/10/97).

Cusack stated that Gardai were boarding trains entering the state from the north and ‘asking rail staff if there were ‘any black people’ aboard’ (Cusack,

Judicial review has been the result of the

18/10/97). This type of headline has decreased, but the

partial implementation of the 1996 Refugee Act. Since

content remains (for example see The Irish Times,

September of 1997 an asylum-seeker has had the

1/17/98).

immigration

Illegal immigration is a central dimension of

This was partially in

this discourse. The term ‘illegal immigrant’/’alien’,

response to criticism by the UNHCR (Cullen, 7/8/97).

demonstrates a macro and micro relationship. On a

On 19 February, 1999, the MOJ announced the

macro level it exhibits Ireland’s position as a wealthy

implementation of the Refugee Legal Service, an

western country. On a micro level it illustrates a

independent department, to provide legal advice and

dominant/subordinate relationship between citizen and

representation to asylum-seekers (DOJ press release:

immigrant. In both cases the dominant position is Irish,

19/2/99). Furthermore, in July of 1999 the Department

and as such, the term is as important to the discourse as

of Justice announced that ‘today an asylum-seeker

anything else.

ability to appeal a decision made by officials (Cullen, 27/8/97).

arriving in the state is likely to be interviewed within

Ron Kaye has studied similar phenomena in

eight to nine months and an appeal would be heard, by

the UK by examining media portrayals of asylum-

one of the four independent appeals authorities, with in

seekers. The media portrayals of ‘bogus’, ‘phoney’ and

three month of the appeal being lodged’ (DOJ press

‘economic’ refugees devalued public and political

release: 8/7/99).

perception of asylum-seekers (1998: 163) and had the

The discourse of natural disaster justified the non-implementation of the 1996 Act. A parallel

effect

of

immigrants:

equating

asylum-seekers

with

illegal


40

This has occurred through a narrowing by public policy makers of the definitions of refugee status, and a blurring of the distinctions between refugees and immigrants, on the one hand, and ethnic minorities on the other. (Kaye, 1998: 163) Kaye found in a previous study (1995), and indeed in 1998, that newspapers ‘framed’ the news in line with the political agenda of government officials

I argue the same process has occurred in Ireland. Illegal immigration stories began appearing in Ireland in early 1997. ‘Illegal refugees using taxis to cross border’ (Cullen, 3/9/97) and ‘Border checks weed out illegal immigrants’ (Cullen and Keogh, In

Moreover, provisions have been made to confiscate any means of transport used in such an act (ibid.). The MOJ’s official position is that this is to stop the ‘exploitation’ of vulnerable people. Some would argue that the MOJ wanted to keep people from

(1998: 177-178).

8/8/97).

be guilty of an offence punishable on conviction on indictment to an unlimited fine of up to 10 years in prison or both. (DOJ press release, 21/6/1999)

the

discourse

surrounding

illegal

immigration the Social Darwinist discourse of natural disaster and the discourse of statistics converged. ‘Number of asylum-seekers doubles’ (Cullen, 17/1/98). The title uses statistics in the same way as the Social Darwinist discourse uses the language of natural disaster to raise public concerns. The contents of the article reveal that 98% of all asylum-seekers entered Ireland illegally. In reaction to this and several other well publicised incidents the Government formulated a

entering the state in shipments of goods, because Ireland would have to consider them for asylum It is interesting to note that this discourse of illegal immigration is perpetuated by policy makers. ‘The minister said that it was essential that we fully honour our international obligations in respect of genuine asylum-seekers and refugees [emphasis added] who had nothing to fear from this legislation’ (ibid.). By using the term ‘genuine’ in relation to asylumseekers and

refugees,

the

DOJ

underpins the

perception of refugees and asylum-seekers as illegal immigrants, not associated with persecution, such as the Kosovans, but as economic migrants. There has been some positive discourse of immigration in Ireland, but, this has been mostly in the opinion and editorial sections of the press. For

policy response.

example, articles such as ‘Immigrants do not have to ILLEGAL IMMIGRANTS (TRAFFICING) BILL

be seen as a problem’ (The Irish Times, 21/10/97),

In 1999 the Minister of Justice announced the Illegal

‘Ireland of the Welcomes’ (The Irish Times, 2/12/97),

Immigrants (Trafficking) Bill. This Bill in name and

and ‘80% of refugees have third level training’

content is exactly what it states, a policy to stop illegal

(Pollack: 27/4/99) have attempted to show immigrants

immigration.

It is part of a comprehensive list of

in a different light, but such articles have been few and

recommendations made by the Inter-departmental

far between. With the exception of the Kosovan

Committee

Asylum-

refugees, who were positively constructed in the

Seekers and Related Issues, which will be discussed

Western world, refugees in Ireland have been

later. The Bill states that:

surrounded by a negative discourse. The use of a

on

Immigration,

Refugees,

any person who organises or knowingly facilitates the entry into the state of a person whom he or she knows to be an illegal immigrant will

statistical discourse in order to construct refugees as a possible asset to Ireland is interesting. It is part of a larger debate of asylum-seekers’ right to work, but the


41

enigma of the Irish discourse creates a no win situation

and asylum-seekers the Immigration Control Platform

for immigrants. If refugees/asylum-seekers don’t work,

was formed (Cullen, 1/12/98) opposing an increase in

they are ‘welfare frauds’, and if they do work they, are

immigration.

taking ‘our’ jobs.

These discourses have led to the use of more

Due to the current ‘Celtic Tiger’ economy

discretion in implementation of immigration policy.

Ireland has made several changes to its work visa

The role of discretion in Irish immigration policy is

policy: ‘essentially, a number of categories of non-EU

most notable in refugee/asylum policies. When

nationals who previously required work permits in

examining discretion refugee/asylum policy one must

order to take up employment in the state will no longer

keep in mind that;

require such permits’ (DOJ press release, 1/4/99). This includes persons posted to Ireland by multi-national firms for a period no longer than four years, and employees sent to Ireland for training for a maximum period of three years. Both of these categories limit naturalisation through residence by limiting the amount of time one may be resident. This is consistent

[T]he ‘case’ is constructed over time and is contributed to by a myriad of discretionary decisions made by different agents at different points in the process. Thus discretionary decisions that are made are not in any simple way top down decisions, but rather they are multiple, cumulative and issue from diverse locations. (Pratt, 1999: 218)

with the move in policy making circles to possibly change Irish citizenship laws so that children of immigrants

will

not

be

automatically

granted

citizenship (The Irish Times, 16/4/98). Finally, spouses, children of Irish nationals, and ‘persons who have been given temporary leave to remain in the state on humanitarian grounds’ (DOJ press release, 1/4/99) have the right to work without a work permit. Labour market pressures have also led to an increase in work visas for foreign workers. ‘Ireland

Discretion is a key term in Irish policy because entry to the State is at the discretion of an immigration officer. As such, persons seeking asylum in Ireland will have their case heard by an immigration officer who can make a decision, based on a set of criteria, implementing the Dublin Convention or refusing an application for asylum. If an application for asylum is rejected by an immigration officer, the refusal to enter the state is not enacted until the applicant has had the case reviewed. At this stage

faces a flood of more than 15,000 foreign workers in

there is another discretionary decision. ‘A person duly

the next 18 months’ (The Irish Times, 21/8/99) was the

authorised by the Minister may decide to terminate

lead story on the front page of The Irish Independent,

further examination of the case on the grounds that it is

once again depicting the ‘other’ as an inhumane

manifestly unfounded and to refuse the application for

natural disaster. The reality of the situation is that

refugee status accordingly’ (DOJ procedures for

Ireland is heading down a path well travelled by other

processing asylum claims in Ireland). This stems from

European countries, such as Germany and Switzerland.

the 1992 London Resolution.

Upon appeal of this

The decision not to take a more liberal stance

decision there is another level of discretionary decision

towards permanent immigration fuels the current

making, and the appeals authority can recommend to

discourse and is a continuation of the work visa policy

the MOJ that the decisions should either stand or be

of the 1980s. In response to the increase in refugees

considered substantively.


42

The case is then decided by a ‘duly authorised

discursive context statistics are descriptive and

officer of the department’ who will make a decision

prescriptive. Media accounts and Government statistics

based on the recommendation of the appeals authority.

describe the current situation, but the manner in which

This is a discretionary decision in and of itself, and,

they are presented forms the justification for policy

moreover, it is also arbitrary in that the official takes

measures.

into account ‘considerations of national security and public policy’ (DOJ procedures for processing asylum claims in Ireland). These discretionary powers have been used over time to exclude people from Ireland who otherwise could have entered the state. For example, in June 1999 there were two well publicised cases, and in both cases the non-nationals did not need entry visas to enter Ireland. The first was the refusal and consequent detention of seven Poles (The Irish Times, 16/6/99).

This was followed by the refusal of a

Japanese woman the same week (Cullen, 18/6/99). In

On a per-head of population basis and the basis of one statistical calculation, we [Ireland] are currently ranked fourth in Europe with the major industrial powerhouse economies of Germany, and the Netherlands ahead of us. (Minster of Justice, John O’Donoghue, speech delivered to IBEC, 21/10/98) Statements such as this demonstrate how statistics can be manipulated for political means and underline

the

current

statistical

discourse.

The

selection of ‘one’ statistical calculation illustrates this

both cases the refusal to enter the country was based

point: ‘[C]laims by politicians and public opinion as to

on ‘well founded’ doubts of the intentions of the

a likely invasion supported by appealing to such

persons involved.

figures’ (Barbesino, 1998: 156). The current discourse in Ireland bares witness to this.

THE STATISTICAL DISCOURSE While processes of interpretation and negotiation between different actors are crucial in establishing what is to be counted, official statistics play a significant role in shaping the agenda of policy makers, social scientists and public opinion and thus are critical not just in the development of theoretical discourses on migration but also in the development of migration policy. (Barbesino, 1998: 143) Statistics ought to be descriptive, but many times they are used much like a drunk uses a lamp post, for support rather than illumination. In a

Without in any way prejudging the claim of any individual, it must be accepted that, based on international recognition rates as well as experience here in Ireland, the majority of asylumseekers will be found not to come within the definition in the UN Convention and will not be in circumstances which would merit the granting of leave to remain here for other reasons. (DOJ Press release, 15/7/98)


43

Through the lens of statistics asylum-seekers

refugee and immigration data is collected and

are discursively constructed as illegal immigrants.

published by the Department of Justice. As such all

Moreover, there is a subtle undercurrent of justifying

information in the national media, Eurostat, and the

high denial rates (see fig. 5.1) by comparisons with

UNHCR Statistical Year Book should be the same

Figure 5.1: Refugee Status, Status Determination, Recognition Rates, Applications for Asylum, Applications Deemed Abandoned, and Rejections, 1991 to Dec. 31, 1999 Status/Category 1991 1992(~) 1993(~) 1994 1995 1996 1997 1998 1999^ Asylum Applications (+) 30 39 100 400 400 1,200 3900 4630 7762 Total Number of Decisions .. 42 43 58 60 70 630 1520 5248 1951 Convention Status .. 10 10 18 10 30 210 170 511 Humanitarian Status (-) .. 10 10 10 10 10 120 30 0 Rejections .. 22 23 30 40 30 300 1320 4737 Refugee Status Granted on Appeal

..

..

..

..

..

..

4

40

340

.. .. .. .. .. .. .. 110 1294 .. 23.8 23.3 31.0 16.7 42.9 33.3 11.2 9.7 .. 47.6 46.5 48.3 33.3 57.1 52.4 13.2 9.7 .. 20 20 28 20 40 330 200 511 .. Information not available or figure is zero - Granted right of leave + Primary applicants, does not include dependents ~ Does not include Bosnian Program refugees ^ Does not include Kosovan regufees Source: Compiled from; UNHCR Statistical Year Book 1997 & 1998, Irish Times , Proceedings of Dail Debates, and Eurostat 1997

Applications Deemed Abandoned Convention Recognition Rate Total Recognition Rate Total Granted Protection

other western countries. Furthermore, there have been

since it all comes directly from the DOJ. There is little

significant fluctuations in statistics as regard refugees

room

and asylum-seekers in Ireland.

Furthermore, the likely argument that Ireland has a

here

for

non-equivalence

of

statistics.

The statistics in figure 5.1 are the best

different classification for its applications for asylum is

statistics that I was able to compile. For these I used

moot. European statistics published specifically state

two different UNHCR statistical year books as well as

whether or not applications include dependants which

Eurostat and The Irish Times. This was necessary as

Ireland’s do not.

there were fluctuations between statistics in the

The Department of Justice seems to be

respective publications. These fluctuations were not

playing a game of three card monty with the statistics

due to estimates being revised for the most recent years

regarding asylum-seekers and refugees. Statistics for

but rather changes in statistics for the earlier years

1995 through 1997 were not reported to Eurostat

represented.

while, at the same time, a comprehensive list of

As discussed earlier there is a conflict between harmonised and non-harmonised data sets, but

statistics were reported to the UNHCR.

However,

these statistics greatly overstated recognition rates. As


44

reported to the UNHCR in 1997 Ireland had a 60%

and concept to emerge. (Barbesino, 1998: 149)

recognition rate in 1996, but the number of applications for asylum was also overstated to the UNHCR. In the Irish media these overstated numbers of applications for asylum shaped the discourse. Only recently have more realistic statistics been published in the media regarding the history of asylum-seekers (See The Irish Times, 16/6/99; 23/3/99, and The Irish Independent, 3/9/99). While the historical statistics have changed, the discourse has not, and Ireland continues to overstate its recognition rate. An Irish Times article stated ‘Nearly 90% of asylum-seekers currently refused’ (Pollack, 23/3/99); my calculations show refusal rates were 90.3% for 1999. However, if the applications granted on appeal are removed, the actual refusal rate would be 96.7%; in other words, only 3.3% of applicants were accepted on their first attempt. Furthermore, the same account stated, based on Department of Justice statistics concerning humanitarian right to remain ‘[I]n 1998 and

A concept that emerges from these statistics is their use to justify policy. Statistics are often used by policy makers to justify more restrictive policy in the Western world (Crisp, 1999), and this has been the case in Ireland.

Although the illegal immigration

discourse was characteristic of this, the current discourse sees statistics taking a predominant role. In the release and consequent vote on the Immigration Bill of 1999 there were several reports based on statistics. Perhaps the most illustrative was published in the Irish Independent and Irish Times on fifth of January, 1999. ‘Little support for ‘open-door’ refugee policy’, was the title. It stated that a recent poll had shown that 6% of people favoured an ‘open-door’ policy, while 69% wanted only the ‘absolute minimum’ allowed in. It was with this justification that the MOJ introduced the Immigration Bill of 1999, later passed in July.

in the first two months of this year it [humanitarian leave to remain] was not exercised once’ (Pollack,

IMMIGRATION BILL 1999

23/3/99). However, the Department of Justice reported

To dispense with the unconstitutional section 5.1(e) of

to the UNHCR that it was used 30 times in 1998

the Aliens Act of 1935, in relation to deportation

(UNHCR Statistical Year Book: 1998). The statistics

powers, the MOJ submitted the Immigration Bill of

in figure 5.1 represent the highest numbers reported in

1999 (Carolan: 23/1/99). It changes the current policy

all sources.

by Ministerial order, and refugee advocate groups,

These statistics are as accurate as possible. However, the variance, …suggests that statistics should be taken at face value and ultimately questions the degree of their adequacy in the light of an ontological understanding of social reality. Rather they should be seen as cultural artefacts taking shape within localised and contingent orders of representation that make it possible for different configurations of sources, definitions

such as ARASI (Association for Refugees and Asylum-seekers

in

Ireland),

have

called

it

a

‘deportation act’. The

Bill

was

drafted

based

on

recommendations of the Inter Departmental Committee on Immigration, Asylum and Related Issues. These recommendations were adopted by the Government in April

of

1998

(Tynan,

20/4/98).

The

Inter-

Departmental Committee submitted its report to the Government in late 1998 – early 1999, but, unlike


45

other reports, is was not made public. Furthermore, the

replaced by the 1999 Act. The Bill only repeals certain

usual process of disclosing the names, departments,

sections of the 1935 Act, leaving it almost entirely

and positions of the committee members was not

enacted. It is ‘An act to make provisions in relation to

followed. The end result is that no one, except the

the control of non-nationals, to amend the Aliens Act,

members of the committee and the MOJ, knows what

1935 and to provide for related matters’ (Preamble to

the recommendations are, or who made them, based on

Immigration Act, 1999). The 1999 Act has the net effect of getting

what information. A general idea of the recommendations can be based on statements made by the MOJ in the media. The committee had recommended, he [MOJ] said, that the ‘new legislation should be brought forward on immigration matters which should cover visas and other pre-entry clearance systems, admissions and refusal of admissions, residence permits and the regulation of employment, long-term inward migration and a more straight forward system for removal of persons who have no permission to be in the State. (Foley, 20/5/1998)

around the High court decision which found ministerial powers of deportation to be unconstitutional, as well as adding more discretionary power to the MOJ’s arsenal. A prime example of this is section 3.1 which makes deportation orders indefinite and more importantly section 3.1(i) which deals with ‘a person whose deportation would, in the opinion of the Minster, be conducive to the common good’. This is both discretionary and arbitrary, because similar powers are granted in section 4.1 allowing the minister to ‘exclude’ non-nationals from the state for reasons of public policy or national security. Both of these

The committee, according to the MOJ, also

provisions would include EU nationals, locking the

recommend a new system of residence permits. Once

door to anyone the Government did not ‘feel’ belonged

this

in Ireland while section 5 would give extended arrest,

system

was

implemented

the

committee

recommend that all state funded providers of; welfare, education, health, employment, training and accommodation should notify the Department of Justice of applicants for said services that do not have appropriate documentation. (Foley, 20/5/98) The legislation

committee on

the

also

trafficking

suggested to

illegal

immigrants, already discussed. Although the Government had the opportunity to make significant changes with this legislation, it seems, upon examination, that it has decided to continue the tradition of the Aliens Act of 1935. A common misconception is that the 1935 Act will be

detention, and removal powers to Gardai and immigration officers. The explanatory memorandum accompanying the Act explains the powers under the act and establishes the spirit of the law: The Bill provides powers, principles and procedures regarding the deportation of non-nationals. It deals with the situation arising out of the ruling by the high court in the case of Laurentiu –v- The Minster of Justice, Equality, and Law Reform (see The Irish Times, 23/1/99). It seems clear that this is a missed opportunity for Ireland to create a fair, just, and transparent policy. The position of Irish NGOs is not unique. Similar groups exist in other EU member states, and the experience in Ireland is similar to that NGOs in


46

other EU states where NGOs have lacked the will or

to Ireland as represented in Figure 5.2. These statistics

the ability to take on forces in their respective

demonstrate the persistent composition of Irish

countries

changes

immigration. As we have seen throughout the history

(Cornelius, 1994: 310). Irish NGOs have the will, but

of Irish immigration, the predominant immigrant group

their ability is questionable, as they have only been

is British. British immigration has consistently

able to affect individual cases and not immigration

comprised 45% or more of

to

make

significant

policy

total immigration.

Similarly, immigration from the EU and the USA has consistently comprised over 30% of total immigration.

Figure: 5.2 Immigrants 1996 to 1998 by Origin as Percent of Total UK

USA

Rest of EU

Non-EU

100% 90% Percent of Immigrants

80% 70% 60% 50% 40% 30% 20% 10% 0% Ye ar

1996

1997

1998

1999

Source: CSO Statistical Release November 30, 1999 policy as a whole. The Immigration Act of 1999 was

While non-EU immigration has grown over the years,

pushed through the Dáil despite the objections of Irish

it has never constituted more that 21% of net

NGOs (The Irish Times, 2/7/99).

immigration, from previous information we know that

In Western societies it seems that the ability

at least half of all non-EU immigrants are from

to influence governments is based on media attention

Australia, New Zealand, and Canada, although they are

which raises public support. Furthermore, there are

currently lumped in the non-EU category. These

NGOs that are localised within states or within regions

migrations are absent from the discourse, since the

of states. Ireland has no less than 14 such NGOs which

majority of these immigrants tend to be white. Thus,

advocate

they are closer to the WHISC norm than the ‘others’,

for

refugees/asylum-seekers,

or

new

immigrants, and not much synchronisation between them.

people of colour. The fact that Ireland, in the 2001 census, will

Nevertheless, both the Illegal Immigration (Trafficking) Bill and the Immigration Act of 1999 demonstrate the use of statistical discourse in the formulation and justification of policy. Absent from this discourse is the ‘real’ composition of immigration

be adding a question relating to ethnicity is a case in point (see The Irish Times, 16/6/99), a question which the UK added in its 1991 census. Policy makers obviously still see the state as homogeneous, WHISC –


47

the ethnicity question gives four options, Irish, British,

SUMMARY

Traveller, and Other, thus focusing on the traditional

The discourse of immigration in Ireland is complex.

‘us/them’ dichotomy of Irish as not British, and

On one level there is a conflation of skin colour with

certainly not Traveller.

immigrants, while there is an underlying discourse of

What is occurring currently in Ireland is the same process that occurred in the UK fifty years ago.

further dehumanises refugees/asylum-seekers, and

The claim that the nation state has recently taken on a multicultural character therefore conceals the cultural transformations initiated by earlier migrations, transformations that are now ignored politically in the quest to create a contemporary sense of cultural homogeneity that has to be defended in relation to some new invasion. (Miles, 1993: 117). Miles was writing in relation to the UK and migrations

of

Afro-Caribbeans

and

Asians

in

particular, but it is apparent that the current discourses concerning immigration in Ireland is parallel.

illegality. The persistent Social Darwinism discourse

immigrants, particularly those of colour, but this is not unique to Ireland. As Miles has illustrated in the UK, the recent perception of increased migration conceals earlier migrations in order to form a new sense of homogeneity (1993: 117). This is also characteristic of contemporary Ireland. Now that I have examined both the historical context of Irish immigration policy and the current discourse in

Irish immigration policy, in the final

chapter I return to my framework to see where Ireland is situated in our model.


48

CHAPTER 6 NORMATIVE MODEL RE-EXAMINED

discourses of current Irish immigration; and now I

As the Taoiseach Bertie Ahern, said: There is always the danger in the developed world, of assuming that all shortcomings in the area of human rights occur in societies other than our own. While we have much to be proud of in our human rights record, there are those who would argue that we still have some way to go, to demonstrate our genuine commitment to the universal declarations. (Speech to Amnesty International, 27/11/98)

must return to my normative model and examine Ireland in relation to racism. I must ask myself the questions I started with: is Irish immigration policy racist? With the information that I have presented I will re-examine Ireland in relation to my normative model and illuminate the interdependencies in Irish policy. Figure 6.1 depicts the original model (Figure 2.3) in chapter two and Irish policy in relation to it.

INTRODUCTION I have outlined the historical foundation of

Figure: 6.1. Irish Immigration Policy in Relation to Racism

immigration, immigration policy, and located the Open door or

Progressive

Moderate

Restrictive

Liberal

Multi-Ethnic

Closed door or Illiberal

Pluralist

Discriminatory

Restrictive

Xenophobic

Racist

Closed door or Illiberal

Xenophobic

Racist

Irish Policy Tourist Visa Work Visa Naturalization Illegal immigration

Discretionary Power Refugee/ Asylum Policy


49

DISCRETIONARY POWERS AND REFUGEE / ASYLUM POLICY

tool for keeping people with ‘Jewish’ features out of Ireland in the 1930s and 1940s (Lentin, L., 1997).

Rather than considering discretion as the absence of governance, discretion is considered here as a powerful form of governance, one which facilitates the translation of certain social concerns into exclusionary immigration law, policy and practices. (Pratt, 1999: 201)

Currently applicants for Irish tourist and work visas can be required to attend an interview at the Irish consulate in their state. As I have noted, in refugee and asylum policy there is a high degree of discretion which errs against the immigrant. This is exemplified by refusal rates on appeal of deportation of 100% (The

Discretion has historically been a major component of Irish immigration policy and arguably continues to be its largest component. Discretionary power is difficult to measure for several reasons, primarily because it is hidden from the eyes of the

Irish Times, 27/5/99) and the current recognition rate of 6.7%, which is far below the EU average of 24% (UNHCR Statistical Yearbook, 1998).

the Illegal Immigration (Trafficking) Bill has clearly targeted asylum-seekers.

judiciary and the public. Secondly, there is an absence

it is by no means clear that a state, under general international law, is ever bound to admit an alien. Any absolute discretion which the state may claim, however, is amply circumscribed by treaty and other obligations towards human beings at large, and identifiable groups and individuals in particular (Goodwin-Gill, et al., 1985: 566) The way Ireland and other EU countries have

of statistics concerning refusals at the point of entry. Large amounts of discretionary powers were granted to the MOJ under the 1935 Aliens Act. While there have been changes to refugee / asylum processes, the MOJ retains the final judgement using the recommendations of the Asylum Commission. Discretion in immigration procedures is arbitrary (Pratt, 1999: 215-218): ‘In the view of many who work on behalf of new immigrants and refugees, “arbitrariness” not only leads to inconsistent decision making but also allows for continuing influence of racist or other discriminatory views’ (Pratt, 1999:215).

Furthermore,

tried to circumvent this is by effectively ‘dumbing down’ [sic] the definition of ‘minimum’ which is stipulated

by

the

1951

UN

convention

international law. According to my framework both of these policy areas are racist.

In the Irish context this may be the case, but due to the

VISA POLICIES, NATURALISATION AND

lack of statistical data and immigrant narratives, it is

UNDOCUMENTED IMMIGRATION

difficult to know exactly how arbitrariness affects immigrants based on creed, colour, religion, or other characteristics. Furthermore,

and

The majority of EU states require visas for countries with which they have a history of unwanted immigration. France, for instance, requires Algerians

discretion

is

used

in

refugee/asylum and visa polices to exclude undesirable persons. For instance, the provisions under tourist visa policies which requires an interview was an important

and Moroccans to obtain tourist visas (Weil, 1994: 183), in Germany it is the Turks (Martin, 1994: 190), and in Belgium South Americans, Colombians in particular (Suarez-Orozco, 1994: 243). Britain has taken

a

different

approach

by

changing

visa


50

requirements depending on international migrations.

to temporary settlement which is inter-related with the

Britain has imposed visa requirements during times of

naturalisation policy of Ireland.

mass exodus, e.g., Turkey and Haiti in

1989, and

Uganda in 1991 (Layton-Henry, 1994: 277).

In Ireland, as previously outlined, one can gain citizenship in several ways. The total of

Ireland in contrast has been slow to change

years (jus domecili)

five

is, in my framework, a fairly

policies regarding tourist visa requirements for third

moderate policy. However, the implementation of this

world countries.

For instance, countries which

policy moves it to xenophobic. In 1997 only 45% of

currently have a large number of refugees need tourist

applicants received certificates of naturalisation. This

visas in order to enter Ireland.

Examples of such

increased to 59% in 1998, but has since dropped to

countries are; Ethiopia, Eritrea, Ghana, Iran, Iraq,

32% in 1999 (end of April, 1999)(information received

Nigeria, the Federal Republic of Yugoslavia, Sri

by personal e-mail from DOJ Citizenship Division,

Lanka, and Zaire (Aliens Order, 1999). In effect this

27/9/99).

policy proactively reduces the entrance of refugees and

Other EU countries such as Germany where

asylum-seekers coming to Ireland since they are

naturalisation can take ten years (Brubaker, 1992: 77)

filtered out in the tourist visa application process. In

have policies which are close to illiberal. France, on

addition it creates illegal immigration, which means

the other hand, has the most liberal naturalisation

asylum-seekers entering the state are illegal, since they

policy, which can take as little as three years of

would otherwise not be allowed into Ireland.

residence in the EU (Cornelius, 1994: 127) based on

It could be argued that Ireland, or any other

both jus soli and jus domecili.

EU member state, cannot unilaterally change its visa

Overall Ireland has a very xenophobic

policies. However, the list of countries attached to the

immigration policy with some elements of a racist

Schengen

mere

policy. It would seem that, if current trends continue,

recommendations. This will remain the case until the

Ireland will develop a racist policy since the

provisions in the TEU are fully implemented and this

recommendations of the Inter-governmental committee

is

Agreement

currently

not

requiring

implemented

visas are

due

to

existing

clearly favour more restrictions. However, at present

agreements in the Nordic states with

Iceland

there is a grey area in Irish immigration policy between

concerning freedom of movement. As such, for the

xenophobic and racist and the next few years will

time being, the visa policy of the EU which is non-

decide Irish policy.

binding consists of a recommended list of countries making the Irish policy restrictive according to my framework. The proposed guest worker system in Ireland moves Ireland towards a more illiberal immigration policy as the government starts to trade in human capital and the ethos moves from permanent settlement


51

CONCLUSION

The most obvious conclusion I can draw from this

I can conclude that in my framework, Irish

work is that more research needs to be done on all

policy is extremely xenophobic, and if the policy

aspects of Irish immigration policy. There is a serious

recommendations

lack of statistical data in relation to: discretion, NGOs,

Committee

tourist, work, and specialty visas, undocumented

Seekers and Related Issues are implemented, Ireland

immigration, naturalisation, refugee and asylum policy

will move towards a more illiberal or racist policy.

and the effects of the UNHCR and the EU. I hope this

The groups most affected by policy reform will be

work is used as a starting point for others to continue

mostly non-WHISC, i.e. blacks and Muslims.

immigration

EU to

is

the

Immigration,

Inter-Governmental Refugees,

Asylum-

Certainly, it is apparent from the policies and

exploring these issues. The

on

of

complicit

Ireland,

actively

in

preventing discouraging

history of

immigrations for Ireland that there is a

codified, yet unspoken, ‘White Ireland’ policy.

It is

migration, especially asylum-seekers, by maintaining a

unspoken in that officials have never said that this is

pre-frontier immigration policy and pumping large

the goal of Irish immigration policy. However, it has

amounts of money into sending countries under the

been codified, and, in practice, Ireland, has not taken

Triad of control. This policy is further reinforced by

large numbers of people of colour and has been

Irish tourist visa policy which excludes people from

particularly absent in UNHCR refugee programmes

most sending countries. Irish work visa policy keeps

involving African countries while white peoples from

the numbers of foreigners to a minimum while, at the

the UK and commonwealth countries as well as the

same time, filling gaps of skilled workers in the labour

USA have been an un-discussed topic in the discourses

market.

of Irish immigration. Similarities between the former When people arrive in Ireland a wide range of

discretion means that they may or may not be allowed

Australian policy and Irish policy are apparent, and this would be an area for more comparative work. The

to enter the state. They could be deported under the

propensity

for

racism

in

Irish

Dublin Convention if they do not conform with the

immigration policy exists. The levels of discretion in

WHISC ideal. The end result is an increase in illegal

refugee and asylum, as well as, visa policy,

immigration since there is no other way for people to

undocumented immigration, and naturalisation are an

enter. Once in Ireland there is little chance that they

area of concern since the negatively ascribed discourse

will be granted asylum, and the UNHCR and pro-

allows

immigrant NGOs have limited power and resources to

translating

affect decisions made by immigration officials. This is

Therefore, Ireland stands at a crossroads. There is an

partly due to outdated and outmoded Irish legislation

opportunity to develop a just immigration policy, but

and the large amount of discretion situated in one

the next few years will be telling.

ministry. policy.

This is the reality of Irish immigration

discretion

to

perpetuate

exclusionary

racist

immigration

attitudes policies.


POSTSCRIPT Since I completed this work in October 1999

(see Egan and Costello, 1999). The MOJ has attempted

immigration has increased. Arguably, Ireland is the

to do this in the past and following the rapid increase

newest country of immigration in Europe; better said,

in refugee status granted on appeal, the MOJ

Ireland is the newest country to debate the benefits,

introduced Amendments to the Illegal Immigration

perils, and responsibilities of immigration.

(Trafficking Bill) ‘aimed at reducing abuses of the

There have been migrations to Ireland of mostly white Europeans for several decades, it is only now that larger numbers of immigrants have come to Ireland who are not ‘white’.

Ireland continues to

struggle with immigration and has regrettably decided

This is best illustrated by the Government’s of

tent

cities (Donohoe,

9/3/00),

Australian style detention centres (Irish Times, 15/3/00), and more recently ‘flotels’ where asylumseekers would be ‘housed’ while their applications were being processed (Donohoe and Newman 30/3/00) and dispersal policies (already implemented). These ideas were considered after the MOJ rejected the recommendations of the Refugee Law Comparative Study, commissioned by the MOJ and conducted by UCD (Humphrys

2/3/00) due to the cost of such

centres. Although refugee advocate groups have argued that refugees are already effectively being held in detention (Haughey, 22/3/00), ‘flotes’ have been approved

by

the

Government

(Donohoe, 11/2/00). Furthermore, an ‘open door’ immigration policy has been ruled out by the MOJ and Government (Irish Times, 4/3/00). Instead the Minister of Justice has decided to focus immigration policy on other areas. Namely the

to treat it as a short term problem.

consideration

judicial review process by failed asylum-seekers’

providing

4000

‘temporary places for asylum-seekers (Donohoe, 9/3/00). This development puts Ireland in step with the majority of EU countries (Coulter, 1/3/00a). However, this is nothing new. The Refugee Comparative Law Study found that Ireland was not acting in accordance with refugee law (Coulter, 1/3/00b). The study found that there was no basis in European Law for the attempts of the MOJ to restrict the right of asylum-seekers to judicial review

expansion

of

a

guest

worker

system.

‘The

Government’s new immigration policy will give preferential treatment to foreign workers in the technology and construction sectors as well as nursing’ (Rafter, 29/3/00). This decision pulls Ireland even closer to an illiberal immigration policy according to the model constructed in this paper. Meanwhile, the Government is influenced by and influences public opinion. On January 4, 2000, the same day that preliminary statistics were released on the number of application for asylum in 1999, The Irish Times had an article entitled ‘MAJORITY WANT LIMITS ON REFUGEE NUMBERS’. The story continued by stating that 74% of respondents wanted the number of refugees strictly limited, while only 17% disagreed (Rafter, 4/2/00). The findings of the poll and its timing were not unlike others released in 1998 which coincided with proposing and passing stricter legislation. In 2000 the new legislation, mentioned above, was directed at the appeals process. Since the Laurentiu –v- The Minster of Justice, Equality, and Law Reform decision the MOJ has had a decreased amount of discretion in relation to deportations.


53

Ministerial powers of deportation may be even further

produce refugees Ireland will continue to experience

limited by the granting of appeals by the Supreme

immigration. What remains to be seen is how policy

Court (The Irish Time,s 4/4/00) Whatever the result of

makers will address immigration in the future. Up to

these appeals, Ireland continues to move toward a

this point, as the Minister of State Liz O’Donnell has

more illiberal immigration policy.

commented, the handling of the refugee and asylum

The increase in immigration continues and Ireland refuses to admit that it is here to stay. As long as the economy is growing and international problems

issue in Ireland has been a ‘shambles’ (Rafter, 4/2/00).


54

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2 There are no page numbers for newspaper articles as they were sourced from the internet.


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